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Generally, however, will is far more common than shall. Use of shall is normally a marked usage, typically indicating formality or seriousness and (if not used with a first person subject) expressing a colored meaning as described below. In most dialects of English, the use of shall as a future marker is viewed as archaic. [9]
With second- and third-person subjects, shall indicates a directive or prophecy: Cinderella, you shall go to the ball! It is often used in writing laws and specifications: Those convicted of violating this law shall be imprisoned for a term of not less than three years; The device shall be able to operate within a normal temperature range.
There was once a swimmer in Northumbria heard shouting: "I will drown and nobody shall save me!" The coroner's jury was divided at the inquest. The English jurors said that the man had plainly ...
The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content. The doctrine states that where there is an ambiguity of terms, the Court must rely on the written instrument solely and cannot consider extraneous evidence.
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 ...
The drafting of legal documents such as contracts is different as, unlike in most other legal writing categories, it is common to use language and clauses that are derived from form books, legal opinions and other documents without attribution. Lawyers use forms documents when drafting documents such as contracts, wills, and judgments.
A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. In such an agreement, one party (the promisee) will provide some performance in exchange for a promise by the other party (the testator, because they must draft a will) to make a specific bequest to the promisee party in the testator's will.
Legal English, also known as legalese, [1] is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets .
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