When writing legal documents, it`s important to use precise language to ensure that the terms are clear and the meaning is conveyed accurately. One area where this applies is in the use of «will» vs «shall» contracts.

«Will» contracts are used to express the future tense of an action. For example, «The buyer will pay the seller $100 at the time of delivery.» This implies that the buyer has an obligation to pay, but there is no indication of any consequences if payment is not made.

On the other hand, «shall» contracts are used to express a requirement or obligation. For example, «The buyer shall pay the seller $100 at the time of delivery.» This implies that the buyer is obligated to pay and that failure to do so will result in consequences.

While the difference between «will» and «shall» may seem minor, it can have significant implications in legal contracts. For example, if a contract states that a party «will» do something, but does not include any consequences for failure to do so, the party may argue that the obligation is not enforceable.

On the other hand, if a contract states that a party «shall» do something, and includes consequences for failure to do so, the obligation is more likely to be enforceable.

It`s important to note that some jurisdictions may interpret «will» and «shall» differently, so it`s important to consider local laws when drafting contracts. Additionally, it`s important to use consistent language throughout a contract to avoid ambiguity or confusion.

In conclusion, the use of «will» vs «shall» in legal contracts can have significant implications for the enforceability of obligations and requirements. As a copy editor, it`s important to ensure that the language used in contracts is clear, consistent, and in line with local laws and best practices.

Publicado: 31 marzo, 2023