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Sven Yargs
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phk
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I just had a long discussion with someone about the following sentence from a contract (highlighting by me):

The Author offers the Publisher an option to acquire the publishing rights under the condition of this Agreement of other works by the Author considered suitable for German publication.

The other person thinks that instead of "by the Author" relating to "other works" it relates to "suitable", meaning that the author decides what is and what isn't suitable. This would make the sentence equivalent to "[…] other works the Author considers suitable for […]".

While I strongly disagree (I think "other works by the Author" is an unit on its own and for the other meaning you would have to e.g. move "by the Author" at the end of the sentence), my position is just based on my grammatical gut sense and I can't think of any rules I can point to.

So who is right? Am I correct, is the other person correct or is perhaps the sentence unambiguously ambiguous in that regard?

I just had a long discussion with someone about the following sentence from a contract (highlighting by me):

The Author offers the Publisher an option to acquire the publishing rights under the condition of this Agreement of other works by the Author considered suitable for German publication.

The other person thinks that instead of "by the Author" relating to "other works" it relates to "suitable", meaning that the author decides what is and what isn't suitable. This would make the sentence equivalent to "[…] other works the Author considers suitable for […]".

While I strongly disagree (I think "other works by the Author" is an unit on its own and for the other meaning you would have to e.g. move "by the Author" at the end of the sentence), my position is just based on my grammatical gut sense and I can't think of any rules I can point to.

So who is right? Am I, is the other person or is perhaps the sentence unambiguously ambiguous in that regard?

I just had a long discussion with someone about the following sentence from a contract (highlighting by me):

The Author offers the Publisher an option to acquire the publishing rights under the condition of this Agreement of other works by the Author considered suitable for German publication.

The other person thinks that instead of "by the Author" relating to "other works" it relates to "suitable", meaning that the author decides what is and what isn't suitable. This would make the sentence equivalent to "[…] other works the Author considers suitable for […]".

While I strongly disagree (I think "other works by the Author" is an unit on its own and for the other meaning you would have to e.g. move "by the Author" at the end of the sentence), my position is just based on my grammatical gut sense and I can't think of any rules I can point to.

So who is right? Am I correct, is the other person correct or is perhaps the sentence unambiguously ambiguous in that regard?

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phk
  • 187
  • 11

Possible ambiguity in a contract, ambiguous modifier

I just had a long discussion with someone about the following sentence from a contract (highlighting by me):

The Author offers the Publisher an option to acquire the publishing rights under the condition of this Agreement of other works by the Author considered suitable for German publication.

The other person thinks that instead of "by the Author" relating to "other works" it relates to "suitable", meaning that the author decides what is and what isn't suitable. This would make the sentence equivalent to "[…] other works the Author considers suitable for […]".

While I strongly disagree (I think "other works by the Author" is an unit on its own and for the other meaning you would have to e.g. move "by the Author" at the end of the sentence), my position is just based on my grammatical gut sense and I can't think of any rules I can point to.

So who is right? Am I, is the other person or is perhaps the sentence unambiguously ambiguous in that regard?