May

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A month which promises much but so often disappoints.

A prime minister who did likewise.

A modal verb which, in the argot of a lawyer, expresses optionality, but is written “shall be entitled” or, if she wants to be bloody minded about stating the bleeding obvious (and which lawyer can stop herself being bloody minded from time-to time?) “may, but shall not be obliged to”. Or even “may, but shall not be obligated to”. May God stike down whoever first confected that ghastly formulation.

“May” confers an option, not an obligation. There is one time that you should use this expression in a contract: when you are conferring on a party a right that party would not otherwise have.

To wit: “Party A may cross Party B’s private land to access the roadway” is a good use of the word “may”.

“Notwithstanding anything contained in the foregoing [which is about something else altogether], and for the avoidance of doubt, Party B may telephone his elderly aunt at any time without limitation” is not a good use of “may”, or the trees on which such a pointless sentence may, for the time being and from time to time, be printed.

“Shall be entitled to”

Shall be entitled to means “may” — exactly; they are exact synonymous — but is so much worse a piece of legal psychology. How so?

It is so in your face. Firstly it uses that equivocal staple of fusty compulsion, “shall” — whereas, whether the construction is needed or not, there is no compulsion. Then it talks about entitlement. Perhaps trhis is just me, but this has the air about it not of the gentle citizen equably and quietly enjoying her rights in a way calculated to offend no-one. Rather it is the brazen dispostion of bloody-minded troll

{sa}}

• discretion
• option