1/03/2007

The Functions of a Comma

Let's see an excerpt from a long contract as follows:

"...for each tax payable with respect to the local Policy, and/or the premium payable under such Policy..."

How do we understand this part correctly? First of all, it may be segmented in two different ways as below:

A. "...for each tax payable with respect to (1) the local Policy , and/or (2) the premium payable under such policy..."; or

B. "... for (1) each tax payable with respect to the local Policy, and/or (2) the premium payable under such policy...".
(emphasis and numbers added)

Both look correct; however, they are, quite obviously, conveying different, however slight the difference may be, meanings. In A's case, it talks about one thing, i.e. tax; but in B's case, two issues (tax and premium) are discussed. Grammatically speaking, I hold that B correctly deconstructs the part as quoted.

You may have noticed there is a comma used right after the word "Policy". Without the comma, the quoted part could still be as ambiguous as discussed above. Therefore, I think this comma is specifically deployed to wipe out such possible misunderstanding to make clear which two parts are parallel. Such usage of comma is not rare and is often seen when a long series of subjects are mentioned. Under some extreme circumstances, some writer/drafter may arrange their series like "A, B, C, D, E, F and E" instead of "A, B, C, D, E, F and E." The reasoning is quite simple, they were referring to seven, not six, objects! I prefer such usage. It greatly saves the readers time and energy in conjecturing from something that is sheerly about the writer/drafter's habit or intention and totally beyond conjecture!

My discussion does not end here.

I said at the very beginning that it is an excerpt from a CONTRACT. A contract is, to me, a simply story deliberately and/or habitually made complicated by professionals who subsist on the construction and execution thereof and are called lawyers. (Of course such complication is also what I feed on.) You cannot simply read contracts without the due care for any trap duly laid by the drafter.

Actually, the whole paragraph from which the excerpt comes from reads like this: "Please identify the applicable tax rate, method of calculation, due rate and the payee for each tax payable with respect to the local Policy,and/or the premium payable under such Policy."

Voila! The drafter is talking about tax, and tax ONLY. I do not see any point to add premium into the discussion in this specific paragraph. The use of the comma here is not appropriate and it causes the exact misunderstanding it is purported to circumvent.

Such bifurcated understanding makes my life more interesting but some other's more miserable. My suggestion is: use simple and plain English and use bullets and numbers wisely whenever any dispute or misunderstanding could arise. If only the drafter adopted my strategy in example A, the sentence would be much easier to understand and I would not be refreshed.
The functions of a comma are many, among which I treasure at lease one -- it may save me from coma resulting from such a hypnotic afternoon.

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