[copyleft-next] use of "shall"
Richard Fontana
fontana at sharpeleven.org
Tue Nov 27 05:34:39 UTC 2012
On 11/27/2012 12:18 AM, Richard Fontana wrote:
> I'd be willing to go with this:
>
> The invalidity or unenforceability under applicable law of any
> provision of this License does not affect the validity or
> enforceability of the remainder of this License. Such provision is
> to be reformed to the minimum extent necessary to make it valid and
> enforceable.
>
> Though the second sentence no doubt violates some pedantic Adams rule
> against use of the passive voice. :)
Actually I now see that Adams recommends this approach:
"When a provision expressing an obligation is directed not only at the
parties but also at any court that is considering a dispute arising
under the contract.... [a] more politic option would be /is to be/
...." (Section 3.49)
- RF
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