Expressio Units Exclusi Alterius – Express mention of one is exclusion of another.
Expressio Unius Est Exclusio Alterius
1. Meaning and Definition
Latin Phrase: Expressio unius est exclusio alterius literally means “the expression of one thing is the exclusion of another.”
Legal Doctrine:
When a statute or legal document explicitly mentions certain things, it implies the exclusion of all other things not mentioned.
This principle is a tool of statutory interpretation used to deduce legislative intent when the language of the law is clear but limited to specific subjects.
2. Purpose
To interpret the scope of a statute, contract, or legal provision.
To avoid extending the meaning beyond what the legislature or parties intended.
To maintain clarity and certainty in law.
3. Application
Used where a list of items or categories is provided in a statute or document.
The mention of specific items suggests that unmentioned items were intentionally left out.
Helps prevent courts from reading into the statute things that are not explicitly included.
4. Examples
If a statute says, “No vehicles except bicycles and motorbikes are allowed,” the express mention of bicycles and motorbikes excludes other vehicles like cars.
In a contract listing specific deliverables, items not listed are assumed not to be included.
5. Limitations
The doctrine is not applied rigidly if:
The context indicates that the list is illustrative, not exhaustive.
There is a clear intention to include other items.
Applying it leads to absurd or unjust results.
Courts also consider other canons of interpretation and the overall purpose of the statute.
6. Case Laws Illustrating the Doctrine
Commissioner of Income Tax v. West Coast Paper Mills Ltd., AIR 1982 SC 64
The Supreme Court of India held that when the statute specifically mentions certain items, others which are not mentioned are excluded from the scope.
K.T. Plantation Pvt. Ltd. v. State of Karnataka, (2011) 9 SCC 1
The court reiterated that express mention of one item in a statute excludes others unless the context suggests otherwise.
Union of India v. Bombay Burmah Trading Corp. Ltd., AIR 1966 SC 543
It was held that the mention of certain powers or exceptions excludes others that are not mentioned.
7. Summary
| Aspect | Explanation |
|---|---|
| Latin phrase | Expressio unius est exclusio alterius |
| Meaning | Express mention of one thing excludes others |
| Purpose | To determine legislative or contractual intent |
| Application | Where a statute or document lists specific items |
| Limitations | Not applied if list is illustrative or leads to absurdity |
| Key case law examples | West Coast Paper Mills, K.T. Plantation, Bombay Burmah |
In brief:
If a law or document mentions specific things, it’s generally understood that other things not mentioned are excluded — unless the context clearly indicates otherwise.
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