From Middle English recours (noun) and recours en (verb), from Old French recours from Latin recursus, past participle of recurrō. Although it may seem counterintuitive, singular drawing is usually preferred to plural to achieve universality while minimizing ambiguity. As Dick puts it, “This evades the question of whether the `legal claim` or `predicate` applies separately to each member of said class or collectively to the class as a whole.” [1] The preference for the singular[2] does not conflict with the need to apply legal provisions universally. According to Quirk, the distinction between singular and plural, while important for the specific reference, tends to be less crucial for the generic reference because the generic reference is used to designate a class or species in general. [3] Subsection 33(2) of the Interpretation Act, which states that “words in the singular include the plural and words in the plural include the singular.” Recours (simple present regression in the third person singular, recourse of the present participle, past simple and past participle used) “All” is used to describe sets of more than two. It can be used in legislation for clarity and emphasis when the plural is appropriate in the context and it is not a question of precision: for legal advisers new to co-drafting, it should be noted that in French the rules for expressing universality are not the same as in English. For example, the preferred determinant for this purpose in English is the definite and not indefinite article, and it can be used in the singular or plural. In French, the existence of grammatical genres and the use of subject-verb and subject-adjective correspondence often make it possible to know whether the legal subject is singular or plural. Other differences in the wording of conventions and in the functioning of the language sometimes result in provisions that are different from their English equivalents, but have the same meaning. Here are some examples: “Any” refers to an indeterminate amount or number, so it can be used both in the singular and plural. According to Quirk, it can replace the indefinite article “a” or “an” if that article is used generically. However, Driedger, Thornton and Dick all advise that “everyone” should be avoided if a simple indefinite article is enough.
In the following examples (which, like the others, were taken from existing legislation), “everything” could easily be replaced by an indefinite article without changing meaning: Note: According to Article 3 of the Uniform Commercial Code, language without recourse to a negotiable instrument limits the liability of the endorser or drafter. If a note indicates that this is done without recourse, the endorser is not required to pay under various conditions if the instrument is not reimbursed. Similarly, if a project indicates that it has been drawn without recourse, the designer is not required to pay under various conditions if the drawing is not honoured, except in the case of a cheque. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “recourse”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. However, in more specific contexts, the plural form may also be legal tender, for example in relation to different types of legal tender or a collection of legal tender. Recourse (countable and uncountable, plural recourse) The system allows doctors to fall back on the advice of specialists. The noun legal tender may be countable or uncountable. There are cases – usually where the provision does not establish rules of conduct – where it is acceptable to use the plural to express universality or some other general idea.
Some examples have been given above under “All”. Others are listed below: [17] In more general and commonly used contexts, the plural form will also be legal tender. The parents are taking legal action to challenge the closure of the school. In other contexts, however, “everyone” and “everyone” are preferable to “all” because they avoid ambiguity: since “everyone” can also mean “if there is” or “whatever there is”[9], it is useful in provisions such as the following: The definite article indicates identifiability. It can be used to refer to universality in a noun phrase where the subject is identifiable and identifiability is associated with uniqueness:[15] [Which superintendent? The superintendent of a park. We understand from the wording that there is only one for each park.] [In this case, uniqueness applies to a group of people rather than an individual.] Regulations made under this section may authorize the superintendent of a park. Within 30 days of the expiry of the period referred to in paragraph 1, the competent minister shall take into account the comments received. [There may or may not be comments, but if there are, the Minister must take them all into account.] [10] In some cases, “everyone” and “everyone” can be used interchangeably without any significant difference in meaning: [Which master? The captain of a ship, and each ship has only one captain.
If there were more than one, we would probably write “ship`s captain.” The same goes for “Installation Manager.] This negative determinant can be used with a positive verb to emphasize a negative idea, which can also be expressed with a positive determinant and a negative verb. The following examples illustrate both options. Again, the choice is up to the legal counsel. Conversely, although “each” and “every” are both distributive, the distributive meaning is stronger with “each”, making it more appropriate for us to look at people or things separately, one by one, rather than collectively:[13] Middle English recourse, from Anglo-French recursus, from late Latin recursus, from Latin, act of running back, de recurrere to run back – more at recur “Each” is also the appropriate determinant, if it is one of the following two persons or things: The master of a vessel or the manager of the offshore facility of a letter of intent to which section 3 applies shall ensure that. This Act applies to any legal person constituted under this Act and to any legal person that continues to operate as a legal person under this Act and that has not been dissolved under this Act. Because of its generalizing function, “everyone” can be useful in provisions that confer a right, privilege or power on all members of a class, as it leaves no doubt that any member – and by extension, all members – can exercise that right, privilege or power:[8] [In subsection (2), the word “all” emphasizes an exception: which applies generally and not just to a few ships, as in subsection 1.] The following persons are excluded from the obligation to act as directors of a corporation: The Governor in Council may make regulations exempting any aircraft from seizure and detention in accordance with section 9. The following discussion and examples are for illustrative purposes only.
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