CS Professional · Drafting, Pleadings and Appearances · Types of Documents
A contract between Rajan Logistics and Sapphire Foods says Rajan will deliver 'goods such as rice, wheat, pulses, sugar and other articles'. A dispute arises on whether Rajan must also deliver cement. Applying the ejusdem generis rule, what is the likely result?
Cement is not covered. Under ejusdem generis, general words following a list of specific items are limited to things of the same kind. Since the listed items are food commodities, 'other articles' means similar foodstuffs, and cement falls outside the class.
- ACement is covered because 'other articles' is unlimited
- BCement is not covered because 'other articles' is limited to items of the same kind as foodgrains and staples listedCorrect
- CCement is covered only if Rajan agrees orally
- DThe clause is void for vagueness
Explanation
Ejusdem generis limits general words that follow a list of specific items to things of the same class. Cement is not a food commodity, so it falls outside. The 'unlimited' reading ignores the rule, and the clause is not void since it has a clear class.
Did you get it right without looking?
One question tells you little. A timed set on Types of Documents shows your real accuracy, how long you take and where you lose marks.
More Types of Documents questions
- A drafter prepares a deed in which the parties' names, the date and the operative words appear first, followed by the recitals explaining ba…
- Two brothers, Arun and Barun, jointly own a plot and agree to divide it so that each holds a separate half. Which instrument should be draft…
- Asha Industries Ltd executes a document that is intended to create, transfer or extinguish a legal right in a property, such as a conveyance…
- Ramesh Iyer, a resident of Chennai, signs a sale agreement in the presence of two friends who also sign as witnesses at his request. Later, …
- Rohan drafts a rent agreement that names the landlord and tenant, describes the flat, and states the rent, but leaves out the term of tenanc…
- A deed of assignment executed by Mahesh Corporation says: 'The assignor assigns all rights in the Pune premises.' A later clause says: 'This…