Shall Will Must in Contracts


When it comes to contracts, every word matters. The use of specific words can greatly impact the legal obligations and responsibilities of each party involved. Three commonly used words in contracts are shall, will, and must. While these words may seem interchangeable, they have distinct meanings and implications. In this article, we will explore the differences between shall, will, and must in contracts and how they should be used.

Shall

Shall is one of the most frequently used words in legal writing and contracts. Its meaning is typically associated with obligation and requirement. When used in contracts, shall is often used to create a binding obligation or duty. For example, a contract may state that « the seller shall deliver the goods to the buyer by the agreed-upon date. » This means that the seller has a legal obligation to deliver the goods by the specified date.

Will

Will is often used in contracts to indicate future action or intent. Unlike shall, which creates a binding obligation, will is more of a promise to perform an action in the future. For example, a contract may state that « the buyer will pay the seller upon delivery of the goods. » This means that the buyer promises to pay the seller once the goods have been delivered.

Must

Like shall, must is typically used to indicate a binding obligation or requirement. However, must is often used to indicate a legal or regulatory requirement. For example, a contract may state that « the seller must comply with all applicable laws and regulations when delivering the goods. » This means that the seller is legally required to comply with all applicable laws and regulations when delivering the goods.

Using the Correct Word

It is important to use the correct word in a contract to avoid any confusion or ambiguity. Using the wrong word can have legal implications and could potentially lead to a breach of contract. When drafting or reviewing a contract, it is important to carefully consider the meaning and implications of each word used.

In addition, it is important to ensure that the language used in the contract is clear and unambiguous. This can be achieved by using simple and concise language, avoiding legalese, and defining any terms that may be unclear.

Conclusion

In conclusion, shall, will, and must are commonly used words in contracts, each with distinct meanings and implications. Shall creates binding obligations, will indicates future action or intent, and must often indicates a legal or regulatory requirement. When drafting or reviewing a contract, it is important to carefully consider the use of each word to ensure that the language used is clear and unambiguous. By doing so, parties can avoid any confusion or ambiguity and ensure that their legal obligations and responsibilities are clearly defined.


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