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CS Professional · Drafting, Pleadings and Appearances · General Principles of Drafting

A franchise agreement lists 'cars, trucks, buses and other vehicles' as covered assets. A dispute arises on whether a motorised forklift used in a warehouse is covered. Applying the ejusdem generis rule, what is the likely result?

The forklift is likely excluded. Under ejusdem generis, the general words 'other vehicles' are confined to the same class as the specific items named, here road transport vehicles like cars, trucks and buses, so a warehouse forklift does not belong to that class.

  1. AForklift is excluded, since 'other vehicles' is limited to the class of road transport vehicles listedCorrect
  2. BForklift is included, because 'other' must be read widest possible
  3. CForklift is included only if the franchisee consents orally
  4. DThe clause is void for uncertainty in every case

Explanation

Ejusdem generis limits general words following specific words to things of the same kind as those specific items. Cars, trucks and buses are road transport vehicles, so a warehouse forklift falls outside the genus. Reading 'other' as unlimited ignores the rule, and oral consent or voidness are not consequences of it.

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