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Thus shall is used with the meaning of obligation, and will with the meaning of desire or intention. An illustration of the supposed contrast between shall and will (when the prescriptive rule is adhered to) appeared in the 19th century, [11] and has been repeated in the 20th century [12] and in the 21st: [13] I shall drown; no one will save me!
The English modal auxiliary verbs are a subset of the English auxiliary verbs used mostly to express modality, properties such as possibility and obligation. [a] They can most easily be distinguished from other verbs by their defectiveness (they do not have participles or plain forms [b]) and by their lack of the ending ‑(e)s for the third-person singular.
Words and Phrases Legally Defined is a law dictionary. It contains statutory and judicial definitions of words and phrases. It is one of the two "major" dictionaries of its type (the other being Stroud's). Both dictionaries have entries not contained in the other. [1] This dictionary is "useful". [2]
The King's English is less like a dictionary than Modern English Usage: it consists of longer articles on more general topics, such as vocabulary, syntax, and punctuation and draws heavily on examples from many sources throughout. One of its sections is a systematic description of the appropriate uses of shall and will.
In contract law, a choice of law clause or proper law clause [1] is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction. [2] It determines the controlling law: the state which will be relied upon in settling disputes. An example ...
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
Deem in law means to consider, judge, or condemn. It is also used to treat something as if it were something else or has qualities that it does not have. [1]: 477 "Deem" has been traditionally considered to be useful when it is necessary to establish a legal fiction either positively by "deeming" something to be what it is not, or negatively by "deeming" something not to be what it is.
However, in formal AmE and BrE legal writing one often sees constructions such as as may be agreed between the parties (rather than as may be agreed upon between the parties). appeal (as a decision): Usually intransitive in BrE (used with against) and transitive in AmE (appeal against the decision to the Court/appeal the decision to the Court ...