Ejusdem Generis: How Courts Read General Terms After Specific Lists

What Is Ejusdem Generis?

Ejusdem generis (Latin for "of the same kind") is a rule of contract interpretation stating that when a general word or phrase follows a list of specific items, the general term is limited to things of the same type or category as the listed items.

How It Works

Consider this contract clause: "The tenant may not keep dogs, cats, birds, or other animals on the premises."

Does "other animals" include a goldfish? Under ejusdem generis, "other animals" would likely be interpreted to mean animals similar to those listed — dogs, cats, and birds are all significant household pets. A goldfish in a bowl may not fit the pattern, while a ferret or rabbit likely would.

Why It Matters

Catch-all phrases like "and other," "or similar," "and the like," and "including but not limited to" appear constantly in contracts. Ejusdem generis helps determine the actual scope of these open-ended terms, which can be critically important when disputes arise.

Practical Examples

• Force majeure clause listing "fire, flood, earthquake, or other natural disasters" — a pandemic may or may not qualify, depending on whether it is "of the same kind" as the listed events
• Insurance exclusion for "war, invasion, rebellion, or similar events" — a cyber attack is probably not within the same category
• Non-compete covering "restaurants, cafes, bakeries, or similar businesses" — a grocery store with a deli section is debatable

How to Avoid Ambiguity

If you want a general catch-all to truly be broad:

• Add diverse examples that show the breadth intended
• Include explicit language like "whether or not similar to the foregoing"
• Define the general term separately in the definitions section

When to Consult a Lawyer

Consider consulting an attorney if a dispute hinges on whether a particular item falls within a general catch-all phrase following a specific list in your contract.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.