Legal Definitions - last antecedent rule

The last antecedent rule is a principle of legal interpretation used by courts to understand the meaning of a sentence, particularly when a qualifying word or phrase appears at the end of a list or series.

According to this rule, a modifying word or phrase is presumed to refer only to the immediately preceding word or phrase, and not to other earlier words or phrases in the sentence, unless there is a clear indication to the contrary. Essentially, the modifier "attaches" to the closest possible antecedent.

• Example 1: Workplace Safety Policy

  Imagine a company policy stating: "Employees are required to wear safety goggles or hard hats provided by the company."

  Applying the last antecedent rule, the phrase "provided by the company" would be interpreted to modify only "hard hats." This means that while hard hats must be supplied by the company, employees might be permitted to use their own safety goggles. If the rule were not applied, one might assume both safety goggles and hard hats must be company-provided.

• Example 2: Building Regulations

  Consider a building code that reads: "All public buildings must have fire alarms or sprinkler systems tested quarterly."

  Under the last antecedent rule, the requirement to be "tested quarterly" would apply solely to "sprinkler systems." This interpretation would imply that fire alarms might have a different testing schedule (e.g., annually) or that their testing frequency is not governed by this specific clause, while sprinkler systems definitively require quarterly tests.

• Example 3: Service Contract Clause

  A clause in a service contract might state: "The service provider is responsible for repairing damaged furniture or fixtures resulting from their negligence."

  If the last antecedent rule is applied, the phrase "resulting from their negligence" would modify only "fixtures." This would mean the service provider is obligated to repair damaged fixtures only if their negligence caused the damage. However, they might be responsible for repairing damaged furniture regardless of whether their negligence was the cause, as that modifier would not apply to "furniture."