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Q&As
In drafting Precedent agreements and orders, what is the difference between the effect of the following words, ie is there any one or more which denote a higher level of obligation (or are any of them considered to be more passive than the others): ‘will’ or ‘shall’ or ‘must’? Is there a recognised legal distinction?
There is potentially a difference between the Use of the words ‘will,’ ’shall’ or ‘must’ but it depends on the context and the document as a whole.
Traditionally, the word ‘must’ is seen to convey an absolute obligation, present or future and is preferred in orders or legislation. It tends to convey the same meaning whether in first or third person. On the other hand, the word ‘will’ conveys an obligation in first person, but a future Intention in third person. Conversely, ‘shall’ conveys a future
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