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Can "would" be used in a conditional like this?

English Language & Usage Asked by aed on January 23, 2021

I know there’s a multitude of similar questions, but I just can’t find one that clearly applies to my problem. The sentence I’m struggling with deals with an obligation and sounds similar to this.

The party shall refuse to implement the measure if the measure would result in an infringement.

Am I mistaken in thinking "would" can (and should) be used after "if" in a sentence like this? We’re talking about a hypothetical situation in the future that must be avoided.

The original sentence, written by a non-Anglophone translator, which I’m looking at now, says "if the measure resulted in an infringement", but this doesn’t seem right to me. I’m not even sure if this—strictly speaking—qualifies as a conditional sentence.

P.S. This is a question that concerns English grammar, not law. Another example sentence would be "Don’t eat any more cookies if it would make you feel sick".

3 Answers

This is a correct sentence.

You are mixing it up with conditionals. Compare:

"I don't know if it would be hard for me. (kind of reflection or an unreal/imaginary idea, but not a conditional)
"I would tell you if it were hard for me. (conditional 2). No "Would" after "if".

Also, we use "if+would" for indirect speech.

Direct: He asked me, "Will you come?"
Indirect: He asked me if I would come.

Answered by Ren on January 23, 2021

Your version makes sense and the translation you quote does not. 'If the measure resulted in an infringement' implies that the action has already been carried out, so it makes no sense to speak of 'refusing to implement it' in the future.

Answered by Kate Bunting on January 23, 2021

The party shall refuse to implement the measure if the measure would result in an infringement.

Disclaimer: Ignoring the legal validity, on which I am unqualified to comment, I will address the grammar and meaning in terms of non-legal English.

In non-legal English there is an error in this sentence. It says "... if the measure would result ...". What it should say is, "...if the implementation would result..."

The party shall refuse to implement the measure if implementation of the measure would result in an infringement. (This is not legal advice see disclaimer).

Answered by chasly - supports Monica on January 23, 2021

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