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The neutral verb is a weapon

2026-10-22 · Contracts

The neutral verb is a weapon

May, shall, reasonable and best endeavours are not synonyms. They are risk allocations.

Short answer

Pick the verb on purpose, or the other side's lawyer will pick it for you.

The same decision reads two ways depending on the verb: we acted versus we acted late. In contracts, that choice is deliberate.

May, shall, reasonable endeavours and best endeavours are not synonyms; they are risk allocations. Pick the verb on purpose, because if you do not, the other side's lawyer will pick it for you.

Written for legal professionals. Not legal advice. Always verify every authority and let a named lawyer sign off.