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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".

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    This is a legal phrase in a legal document and you should consult a lawyer about it. Commented Jan 11, 2021 at 21:58
  • "If the measure would result" reads like avoiding a future problem. "If the measure resulted" reads like the past. Commented Jan 11, 2021 at 22:46

3 Answers 3

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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.

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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.

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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).

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