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  3. Law: Contract(s)

Is or should

English translation: shall be

10:59 Apr 21, 2011
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Is or should
In a Chinese contract, the assignment is divided into several parts, and who is responsible for which part is also defined. How would you write it in an English contract, with "be" or "should be", for exanple:
A is responsible for the steel construction. Or
A should be responsible for the steel construction.

Thanks in advance.
Bin Tiede (X)
Germany
Local time: 02:31
Selected answer:shall be
Explanation:
http://sameurl.com/cyUzJ
Selected response from:

Peter Nicholson (X)
Poland
Local time: 02:31
Grading comment
Thanks.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +9shall be
Peter Nicholson (X)
4 +1shall
Michal Berski


Discussion entries: 4





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +9
is or should
shall be


Explanation:
http://sameurl.com/cyUzJ


Peter Nicholson (X)
Poland
Local time: 02:31
Native speaker of: English
PRO pts in category: 16
Grading comment
Thanks.

Peer comments on this answer (and responses from the answerer)
agree  B D Finch: Absolutely, certainly not "should": contracts should avoid using the conditional form.
11 mins
  -> Thank you
agree  Michal Berski: I didn't notice your answer
15 mins
  -> Thank you
agree  Manuela Junghans
21 mins
  -> Thank you
agree  Tony M: Yes, definitely not 'should'
1 hr
  -> Thank you
agree  Stephanie Ezrol
3 hrs
  -> Thank you
agree  cmwilliams (X)
4 hrs
  -> Thank you
agree  Thayenga: "should" shall not be used. :)
6 hrs
  -> Thank you
agree  AllegroTrans: shall shall be used; lawyers should be precise
11 hrs
  -> Thank you
agree  Sharon Toh, MITI MCIL: Yes, of course :)
19 hrs
  -> Thank you
Login to enter a peer comment (or grade)

21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
is or should
shall


Explanation:
it would be optimal

"should" is not definite, and "is" refers to present, not future

Michal Berski
Poland
Local time: 02:31
Specializes in field
Native speaker of: Polish

Peer comments on this answer (and responses from the answerer)
agree  Thuy-PTT (X)
16 hrs
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