The canon infers that enumerating specific items excludes unlisted ones. It applies where the enumeration appears intended as exhaustive rather than illustrative.
Introductory words like including generally defeat the inference.
Alternative Names:
Expressio Unius Est Exclusio Alterius|Negative Implication Canon
Why it Matters?
Introductory language such as including but not limited to defeats the canon expressly, which is why that phrasing appears throughout commercial drafting. Its absence supports an argument that a list was exhaustive. The canon is weaker than ejusdem generis because enumeration frequently reflects the drafters addressing anticipated cases rather than intending exclusion, and courts apply it cautiously.
Frequently Confused with
Related terms
Frequently asked questions
What defeats the canon?
Why do courts apply it cautiously?
