There’s an interesting exchange over at AdamsDrafting between blogger Ken Adams and a couple of lawyers from Cassels Brock, John Gillies and Kathleen Hogan. The issue is the use of “shall” and “will” in business contracts, having, of course, to do with the expression of obligation and futurity, and vexed by a possibly differing practice of interpretation of the legislative use of these words.
How do you use these two tricky words in contracts? Do you define them in the contract or leave their meaning to interpretation?
I shall be interested in what you will have to say.