Humorous English: Misplaced Modifiers and How to Fix Them
The following rules for correcting misplaced modifiers are used to revise incorrect sentences throughout this article:
1. Limiting modifiers (only, even, almost, nearly, just) should be placed in front of the words they modify.
2. Place modifying phrases and clauses so that readers can see at a glance what they modify.
. Legal Misplaced Modifiers
American law has a language of its own, consisting of a vocabulary with an unusually large number of foreign phrases, archaic words and expressions. It has a formal style and is analogous to English before 18th-century grammarians attempted to reduce its variability and make it logica. Modern legal writers try to balance the legal English by making it simple and easy to understand. Ambiguity in legal English occurs because of the style and the complexity of the terms. Therefore, evidence of misplaced modifiers is prevalent in legal English. The following examples of legal misplaced modifiers are from A Dictionary of Modern Legal Usage. The examples are followed by my corrected versions.
In this sentence, a passive verb phrase is inserted after an introductory participial phrase: “In applying the intermediate standard of review, the challenged statute must be analyzed/”. The meaning is that “the court must analyze the challenged statute.” The revised sentence is: “In applying the intermediate standard of review, the court must analyze the challenged statute.”
In the following sentence, the actor or agent does not appear in the main clause: “In determining whether a foreign corporation should be required to defend itself in a suit in Texas arising out of a contract between it and a Texas corporation, each case must be decided on its own facts.” The meaning is that “the courts must decide each case.” The actor or agent, “the courts,” is the one doing something in the participial phrase.
The corrected version is: “In determining whether a foreign corporation should be required to defend itself in a suit in Texas arising out of a contact between it and a Texas corporation, the courts must decide each case.”
In the following sentence, it is not the “writing” that alleges, but the person who seeks to have parole evidence admitted: “Without alleging fraud, accident, or mistake, the writing must be the entire contract and parole evidence must be excluded.” The sentence should read: “Unless one alleges fraud, accident, or mistake, the writing must be the entire contract and parole evidence must be excluded.”
In this sentence, “the delay” is awaiting the uncertainties. “Awaiting the uncertainties as to quantum of damages, the delay in recovery may increase them.”
The following corrected version is still complex, but the syntax is correct: “By awaiting uncertainties as to quantum of damages, one may increase, by the delay, the damages incurred.” The addition of the pronoun “one” and appropriately placed commas, eliminated the ambiguity.
In this sentence, it is not clear what is read literally, “Dalcan v. Dalcan” or “the Texas Supreme Court”: “No discussion of the subject would be complete without an analysis of Dalcan v. Dalcan; read literally, the Texas Supreme Court addresses only two issues in that case.”
The corrected version is: “No discussion of the subject would be complete without an analysis of Dalcan v. Dalcan; read literally, that Texas Supreme Court case addresses only two issues.” In this version, it is clear that “Dalcan v. Dalcan” is read literally.
In the following sentence, the court does the “synopsizing,” not the “plaintiffs”: “The record contains ample evidence to support the jury’s verdict; synopsizing, plaintiffs offered evidence that attributed price increases to price-fixing.” The sentence does not need a participle.
The corrected version is: “The record contains ample evidence to support the jury’s verdict. In short, the plaintiffs offered evidence that attributed price increases to price-fixing.”
In this sentence, “having” can refer to “Kast” or “we”: “Kast argues that, having found CPL 2.25B to be a procedural rule, we should nevertheless not give effect to the APA’s procedural-rules exception from the informal rulemaking requirements.”
In the corrected version, the pronoun “we” is placed before the verbs in order to show who is doing the action: “Kast argues that, even though we have found CPL 2.25B to be a procedural rule, we should not give effect to the APA’s procedural-rules exception to the informal rulemaking requirements.”
In the following sentence, a dangling modifier occurs when the main clause begins with an expletive, “it”: “Reviewing the theories of judicial decision current in the last century, it will be seen that we began with a creative theory that was used to make an American common law.”
In the correct version “it” is eliminated: “Reviewing the theories of judicial decision current in the last century shows that we began with a creative theory that was used to make an American common law.”
Humorous Examples
Richard Lederer, in his best selling books, Anguished English, and More Anguished English, presents examples of misplaced and dangling modifiers that are confusing and ambiguous. These are actual sentences that have appeared in the media, followed by my corrected versions:
“Yoko Ono will talk about her husband, John Lennon, who was killed in an interview with Barbara Walters.”
Corrected version: “In an interview with Barbara Walters, Yoko Ono will talk about her husband, John Lennon.”
“After years of being lost under a pile of dust, Chester D. Thatcher III found all the old records of the Bangor Lions Club at the Bangor House.”
Corrected version: “Chester D. Thatcher III found all the records of the Bangor Lions Club, which were lost under a pile of dust, at the Bangor House.”
“The judge sentenced the killer to die in the electric chair for the second time.” . Corrected version: “The judge sentenced the killer, for the second time, to die in the
electric chair.”
“She died in the home in which she was born at the age of 88.”
Corrected version: She died, at the age of 88, in the home in which she was born.”
“She watched as her father returned home with the horses all dressed in cowboy attire.”
Corrected version: “She watched as her father, who was all dressed in cowboy attire, returned home with the horses.”
“The bride was given in marriage by her father, wearing a Victorian style dress with cathedral length train.”
Corrected version: “The bride, who was wearing a Victorian style dress with cathedral length train, was given in marriage by her father.”
Although misplaced modifiers may not be a problem when spoken, writing has to be clearer than speaking, or the message will be misunderstood. Remember, to avoid misplacing modifiers, put any modifiers close to the words, clauses or phrases they modify.
