The Last Antecedent Rule is a rule of grammar in legal contract interpretation. It states that clauses, phrases, or words that precede the last item in a series should be applied only to the last item unless it is evident from context that the clause, phrase, or word is intended to apply to the entire series.
How the Last Antecedent Rule Can Affect Your Business
The Last Antecedent Rule is important for businesses and individuals to consider when interpreting contract language, as an incorrect reading can affect the legal enforceability of specific clauses. For example, let’s say a contract stipulates that “The employer shall pay the employee any bonuses, salaries, wages, and benefits earned in the previous period.” With the Last Antecedent Rule in mind, the employer must pay bonuses, salaries, wages, and benefits without exception, as the qualifying phrase “earned in the previous period” applies only to “benefits”.
Understanding How the Last Antecedent Rule Works In Practice
It is not always easy to interpret a contract in light of the Last Antecedent Rule, so it is essential for businesses to be aware of how the rule works. The most important factor to consider when interpreting contract language is the context – are the clauses, phrases, or words specifically intended to apply to the entire series or only to the last item? If the context isn’t clear, it is always best to err on the side of caution and apply the rule. When in doubt, remember that the Last Antecedent Rule is intended to ensure fairness in contract interpretation.