Modal Verbs in Legal English

Ex. 1 - Insert the right word in the sentences below.
Shall, will, must, may and can/cannot

1) I _____ probably call in at the office tomorrow.
2) The parties _____ not assign the benefit of this agreement.
3) Unfortunately this firm does not carry out that type of work. Therefore, we _____ help you.
4) The goods _____ be delivered on the agreed date.
5) _____ I have a word with you in private please?
6) The parties _____ in their discretion use an approved expert to carry out the tasks.
7) It is clear that the company _____ carry out this type of work to high standards.
8) That contract _____ be on my desk by 5pm today.
9) Our senior partner has indicated that we _____ in our discretion take further work from that organisation.
10) Someone ought to go to the bank today _____ I go or _____ you be going?


Ex. 2 Expressing obligation, possibility, necessity and duty
Choose the word or phrase from the list below which best completes each of the following sentences. The phrase in square brackets [...] will help you to decide. Choose from:
(1) shall be (2) cannot be (3) ought to (4) is entitled to (5) may (6) are bound to (7) have to be (8) need not be (9) are binding on (10) may be required (11) are not entitled to

Example: Husbands and wives ___may _____ now sue each other in contract or tort.
[It is possible] Answer: (5)

a) By the Unfair Contract Terms Act 1977 the parties to a contract _________always to limit their liability under the contract. [They do not always have the right]
b) Article 4 of the EEC Treaty provides that the functions of the Community ________ carried out by the Assembly, the Council, the Commission and the Court of Justice. [They must be]
c) In English law a valid contract _________ reduced to writing. [It is not necessary]
d) Under the Police and Criminal Evidence Act 1984 husband and wife __________ give evidence against each other in criminal cases where necessary. [They must give evidence]
e) The government __________ protect British subjects from criminals. [It has a duty]
f) A woman who stops work in order to have a baby __________ maternity pay for a period of up to 18 weeks. [She has a right to maternity pay]
g) Under English law transfers of land __________made by deed. [They must be made by deed]
h) Ec regulations are directly applicable laws which ____________ all Members States. [They must be applicable and respected]
i) A person who commits murder below the age of 18 years __________ sentenced to life imprisonment. [Its is not possible]
j) A breath test ________________when a police officer stops a car and smells alcohol on the driver’s breath [the police officer can demand it]




Keys ex. 2
are not always entitled
shall be
need not be
are bound to
ought to
is entitled to
have to be
are binding on
cannot be
may be required