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Thread: Arising under

  1. #1
    Allen165 is offline Key Member
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    Default Arising under

    Does the sentence below sound fine to you? I think the word "arising" is missing; it should come before "under."

    "The assignment of claims or other rights under this Contract requires the prior written approval of X."

    Thanks a lot!

  2. #2
    konungursvia's Avatar
    konungursvia is offline Key Member
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    Default Re: Arising under

    No, rights don't arise, and claims can be assigned, so it's fine as is.

  3. #3
    Allen165 is offline Key Member
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    Default Re: Arising under

    Quote Originally Posted by konungursvia View Post
    No, rights don't arise, and claims can be assigned, so it's fine as is.
    I'm afraid you're wrong: rights do arise. Just google "rights arising."

  4. #4
    Allen165 is offline Key Member
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    Default Re: Arising under

    Quote Originally Posted by Gillnetter View Post
    I don't believe that "arising" is necessary here. It could be used but is not needed. This is the stuff of which lawsuits are made, as I can interpert the sentence in at least two ways. What do you think "other rights" refers to and what relationship does this term have with the beginning of the sentence?
    This is how I read the sentence: The assignment of claims or the assignment of other rights ....

  5. #5
    konungursvia's Avatar
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    Default Re: Arising under

    Quote Originally Posted by Allen165 View Post
    I'm afraid you're wrong: rights do arise. Just google "rights arising."
    Okay, so it's a metaphor people use. Yet rights don't arise.

  6. #6
    Allen165 is offline Key Member
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    Default Re: Arising under

    Quote Originally Posted by Gillnetter View Post
    "The assignment of claims or other rights under this Contract requires the prior written approval of X."

    That is one way to understand it. I could also understand it as:
    1. The assignment of claims requires the written approval of X.
    2. Other rights requires the written approval of X.

    "Or" is a big word here. We can go to the moon or we can eat lunch.
    So you're saying "or" should be "and"? You're probably right.

  7. #7
    freezeframe is offline Key Member
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    Default Re: Arising under

    Quote Originally Posted by Allen165 View Post
    I'm afraid you're wrong: rights do arise. Just google "rights arising."
    Google is the ultimate source. Because of course all content on the Internet is peer reviewed and generated by professionals.

    Rights can be granted, rights can be claimed, rights can be demanded... but rights cannot arise. Where would they arise from? They're not a priori things in the world but are socially created and require agency. They're not passive byproducts.

  8. #8
    Tdol is online now Editor, UsingEnglish.com
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    Default Re: Arising under

    If the rights come from the terms of the contract, they might arise, mightn't they?

    There are contracts or article about contract law using the term- I searched for contract "rights arising"

  9. #9
    freezeframe is offline Key Member
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    Default Re: Arising under

    Quote Originally Posted by Tdol View Post
    If the rights come from the terms of the contract, they might arise, mightn't they?

    There are contracts or article about contract law using the term- I searched for contract "rights arising"
    If that's the word lawyers use for some reason, then I guess we'll have to live with it.

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