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Wangqh2696122 Posted 14 years ago
Grammar

Tenses in Reported speech

As we know, in the indirect speech, if the sentence starts in the past, there is often backshift of tenses in Reported speech.
Example: Susan: "I work in an office." Susan said that she worked in an office.
Does the rule apply to legal provision?
Specifically, shall we use shall or should in Sentence b)?
a)The law states that a probationer shall not be deemed confirmed unless there is an express act confirming the employee.
b)The law states that a probationer ___ not be deemed confirmed unless there is an express act confirming the employee.
  

Top answer

wangqh2696122, The use of "shall" in the legal context is not intended to infer "past tense". "Shall " is a standard word in the legal language to connote the meaning of obligation, especially in business contract . Example: Contract terms: The Buyer shall establish an irrevocable Letter of ...

  • wangqh2696122, The use of "shall" in the legal context is not intended to infer "past tense".
  • "Shall " is a standard word in the legal language to connote the meaning of obligation, especially in business contract .
  • Example: Contract terms: The Buyer shall establish an irrevocable Letter of ...
  • html 4 posts - 3 authors - Jul 30, 2009 "The Buyer shall establish an irrevocable Letter of Credit in favour of the Seller within 60 calender days from the Delivery Date" Could anyone ..
  • pdf+%22Buyer+shall%22&hl=en&gl=us&pid=bl&srcid=ADGEESgEGHNpEW3Y3xYYWmpuWvsY0wZ5xpD41bDkR0VgguBwomRm5znYE0g7UJuoOlQ25Zy-rYTyPjTH13rMxNvNWQf_tLg9kr_0lu4_GbuAW6GIYS7Sjm3lOowg43HyjiaalN-qaUEf&sig=AHIEtbThNT1ahmvMXIls8d4F9x_nf-zuuA All sales are FOB Seller's shipping point unless otherwise noted.
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5 Answers
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wangqh2696122,
The use of "shall" in the legal context is not intended to infer "past tense". "Shall " is a standard word in the legal language to connote the meaning of obligation, especially in business contract . Example:

Contract terms: The Buyer shall establish an irrevocable Letter

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But I have googled many sentences using such a structure: the law stated that...should.

See the link below:
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My personal take is this. If we used "The law stated that ..." (past tense), we are reciting its legal content. In the US, "should" is the common choice. The use of "shall" has become very minimal in everyday usage. However, as shown in the examples I posted to show you, the "shall" usage is still very much "alive". That how I see it.
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Can I draw the conclusion from your explanation that the following three structures are both correct?
a) The law states that a probationer shall not be deemed confirmed unless there is an express act confirming the employee.
b)The law stated that a probationer
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I would say your 'highlighted " assumptions are correct in my opinion. I have some questions though about the origin of this statement because they sounded a little foreign to me.
wangqh2696122 a probationer shall not be deemed confirmed
What does "confirmed" really mean here? Does a probationer mean the same thing as a "parolee".
A and B are common legal us

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