5-minute writing tips #1: sometimes the single article ‘a’ means more than one thing
When learning English, you were likely taught that "a" is an article used to refer to a single object (a car, a book, a tree). However, as a practicing lawyer, you must understand that in legal English "a" doesn’t always mean just one—it can sometimes refer to more than one item.
When Reading a Document
Most often, "a" carries its usual singular meaning. For example, consider a case where a builder purchased land subject to a covenant stating that "the premises shall not be used for any purpose other than those of or in connection with a private dwelling house.” Did this mean a single house, or did it simply restrict the land to one use, for residential purposes, allowing multiple houses to be built? The English Court of Appeal concluded it meant a single house, preventing the builder from constructing more than one on the land.
However, "a" can sometimes mean more than one. Many jurisdictions have a statute clarifying that, in an act of Parliament, “The singular includes the plural and vice versa,” often accompanied by a qualification such as “unless a contrary intention appears”, or “where the context permits.” So, if a statute permits extradition for “an” offence, this can authorise prosecution for multiple charges; the singular "a" includes the plural. When reading a document, consider the broader context of the statute or clause. In fact, the phrase “the singular includes the plural” is so common that if it’s omitted from a contract, a court may interpret this as an intentional omission, meaning "a" truly means just one.
When Writing a Document
Be aware of potential uncertainties. If you intend for only a single house to be built, specify that clearly. If the covenant had stated "the premises shall not be used for any purpose other than those of or in connection with a single private dwelling house,” there would likely have been no need for litigation, and the builder might not have purchased the land at all.
Repeating articles can also reduce uncertainty. For instance, if a document states, “Within six weeks of formation, the company will appoint an accountant and auditor,” it’s unclear whether this means one person or two. Specifying "an accountant and an auditor" removes any doubt and indicates two separate appointments.
Use “a” or “an” based on the sound of the following word, not its spelling. For words beginning with a consonant sound, use "a" (e.g., "a European Union directive") and for words with a vowel sound, use "an" (e.g., "an EU directive").
Words beginning with "h" can be tricky. If the "h" sound is strong, use "a" (a hotel, a house, a hereditament). When the "h" is silent, giving a vowel sound, use "an" (an heir, an hour, an honest mistake).
