Tag Archives: shall

Avoiding “shall”

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 Categories: Difficult English terms | Tags:

English-speaking legal-writing experts agree that the use of “shall” by English-speaking lawyers is a mess. They also agree that the irregular, inconsistent and unclear use of “shall” is leading to misunderstanding and unnecessary litigation. Despite their agreement about the nature of the problem, the experts are divided on what to do about it. Some (including… Read more

Drafted clause makeover #2

Reviewing a limitation-of-liability clause from a Dutch commercial contract Let’s take a close look at another problematic clause from a Dutch contract drafted in English. Here is a typical limitation-of-liability clause (exoneratieclausule), taken at random from a Dutch judgment: Except in the case of gross negligence or wilful misconduct from X, the liability of X… Read more