Legal Definitions - Lord Tenterden's rule

Lord Tenterden's rule is a principle of legal interpretation, often considered a specific application of the broader rule known as ejusdem generis (Latin for "of the same kind"). This rule helps courts understand the intended meaning of laws or contracts when a general phrase follows a list of specific items.

The rule states that when a list of specific things is followed by a general phrase, the general phrase should be interpreted as referring only to things that are of the same type or class as the specific items listed. Its purpose is to prevent the general phrase from being interpreted too broadly and encompassing things that were clearly not intended by the lawmakers or parties to a contract.

Here are some examples to illustrate Lord Tenterden's rule:

• Example 1: Park Regulations

  Imagine a local park ordinance that prohibits "skateboards, rollerblades, scooters, and other similar recreational devices" on its walking trails. If someone tried to ride a motorized dirt bike on the trail, Lord Tenterden's rule would apply. The specific items listed (skateboards, rollerblades, scooters) are all human-powered or small, non-motorized recreational items. Therefore, "other similar recreational devices" would be interpreted to include things like unicycles or push-scooters, but not a loud, motor-driven dirt bike, which is not "of the same kind" as the items specifically enumerated.

• Example 2: Rental Agreement Clause

  Consider a lease agreement for an apartment that states, "Tenants are prohibited from making alterations to the property, including but not limited to painting, wallpapering, drilling holes, or other structural modifications." If a tenant decided to remove a load-bearing wall, Lord Tenterden's rule would guide the interpretation. The specific actions listed (painting, wallpapering, drilling holes) are relatively minor changes. "Other structural modifications" would therefore be interpreted to mean changes of a similar minor nature, such as adding a non-load-bearing partition or altering a doorway, not major demolition like removing a load-bearing wall, which is a far more significant alteration than those specifically mentioned.

• Example 3: Customs Duty Law

  Suppose a country's customs law imposes a special duty on "luxury goods such as jewelry, furs, designer handbags, and other high-value personal accessories." If an importer brought in a shipment of expensive industrial machinery, Lord Tenterden's rule would be used to determine if the special duty applies. The specific items listed (jewelry, furs, designer handbags) are all items of personal adornment or fashion. "Other high-value personal accessories" would thus be interpreted to include items like luxury watches or bespoke shoes, but not industrial machinery, which, despite being high-value, is not "of the same kind" as personal accessories.