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Latin. A canon of construction. The expression of one thing is the exclusion of another. To express or include one thing implies the exclusion of the other, or of the alternative. The special mention of one thing operates as the exclusion of things differing from it. See Enumeratio, &c. See Steven v. Fidelity & Casualty Co. (1963) 58 Cal.2d 862, 871 [27 Cal. Rptr. 172, 377 P.2d 284]. That rule can only be invoked if a contract is ambiguous, in which case “other legal techniques for the resolution of ambiguities … also come into play,” including the admission of extrinsic evidence “to prove the intent of the parties.” (Ibid.)
See Iannella v. Fire Comm'r of Boston, 331 Mass. 250, 252 (1954). Expressio unius est exclusio alterius: 'The statutory expression of one thing is an implied exclusion of other things omitted from the statute.' Collatos v. Boston Retirement Bd., supra at 687. Commonwealth v. Berkshire Life Ins. Co., 98 Mass. 25, 29 (1867). General Laws c. 265, § 22 (b), expressly and specifically provides that compelling intercourse by threat of bodily injury is a crime. The statute omits reference to any other ...
