Glossary entry

English term or phrase:

failing his or her legal guardian(s)

English answer:

requires punctuation to make it more understandable

    The asker opted for community grading. The question was closed on 2018-10-10 14:54:07 based on peer agreement (or, if there were too few peer comments, asker preference.)
Oct 7, 2018 10:12
5 yrs ago
4 viewers *
English term

failing his or her legal guardian(s)

English Law/Patents Law (general) Terms & Conditions
In the event that the Competitor is a minor, he/she shall be deemed to have been authorized by his/her parents or by the persons(s) having parental authority over him or her, or that failing his or her legal guardian(s), to enter the Competition.

Responses

+6
8 mins
Selected

requires punctuation to make it more understandable

...having parental authority over him or her, or, that failing, his or her legal guardian(s), to enter the Competition.

"Failing that" would be a better word order. If the parents or those with paternal authority are not available or do not exist, a legal guardian will do.
Note from asker:
I really appreciate it.
Peer comment(s):

agree B D Finch : Punctuation would be a good idea, but a reader who knows how to parse English is even more important. It's acceptable, modern practice to omit the comma after "him or her" in order to avoid a comma overload.
50 mins
Thank you. I would rather "overload" a sentence with commas than leave it difficult to understand.
agree Yvonne Gallagher
2 hrs
Thank you.
agree Martin Riordan : Yes, better too many than too few!
14 hrs
Thank you.
agree Daryo
1 day 1 hr
Тhank you.
agree Tina Vonhof (X) : The more commas, the merrier.
1 day 6 hrs
Thank you. But in general, fewer are used in US English than in UK English.
agree Yorkshireman : With you on that, Tina.
1 day 6 hrs
Thank you.
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+3
8 mins

that failing, his or her legal guardian(s) [see comment]

There is a comma missing/implied in the text - "that failing, his or her legal guardians".

This means that, if the competitor's parents cannot/do not give their consent, his/her legal guardians can do so in their stead, in line with the authority they would usually be permitted to exercise.

See https://en.wikipedia.org/wiki/Legal_guardian for information on this.
Note from asker:
I really appreciate it.
Peer comment(s):

agree philgoddard : As Jack says, it's usually "failing that".
38 mins
Yes, exactly (I think Jack posted his response while I was in the process of drafting mine - he expresses it much clearer!)
agree Martin Riordan : Two missing commas? Before and after "that failing"...
14 hrs
I agree - two commas would make it even clearer, but I think the comma preceding "that failing" would be stylistically advisable rather than a grammatical necessity, unlike the second one!
agree acetran
2 days 8 hrs
Thank you!
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