The Use of Particular Words

In Legal Translation



1979
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 Shall

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Shall should be used only in the imperative sense

in a legal document to impose a duty or obligation
on the legal subject to whom it refers. As is
indicated below, shall is sometimes used in legal
documents in other ways, which should be avoided
in the interests of clarity.

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Coode says of shall :

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Shall can be used to indicate that something is to be

done if or when something else shall happen in the
future. In drafting legal documents, the use of shall in
this way should be avoided. This can be achieved by
drafting in the present tense

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In some old legal documents, shall was used to imply

futurity, so that events that had happened before the date
on which the document was executed were excluded
from the scope of the document. For example, if a settler
covenanted to settle all real property which I shall
become possessed of or entitled to, the covenant would
not include property which the settler had become
possessed of, or entitled to, before the date of the
covenant . The use of shall in this way is avoidable, so
that, in the example given, it may be avoided by drafting
the covenant as:

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 May

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 and..or

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 and/or

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 and/or

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Bidder has the right to write whatever

he wants in his offer
But
We have the right to catch the meaning
construed in his offer and correct it.

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 such

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 Same

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 Said

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 among and between

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 when and where

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 If

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 each and every

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 Whereas

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