#1 is conditional in the sense of being a polite form: ' I wouldn't say (if you asked my opinion)... '. #2 is perfectly grammatical.
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Debpriya De1. "I wouldn't say that the performance was bad."1. This use of "would" distances the speaker from his opinion; it relates to the speaker's (un)willingness to state a certain opinion.
2. "That would be Mike on the phone".
English 1b3I almost feel that 'would' here expresses less doubt than 'will,' almost a cocky, assured commentYes, there's another way to take that "would". I call it "fatuous would". It states the obvious as if it were somehow uncertain -- for effect. I think the following falls into this category as well.