Contentss
Introduction 4
Chapter 1. Contracts. General characteristics and types 7
1.1. English of paperss & # 8217 ; composing 7
1.2. Theoretical jobs of the linguistic communication of paperss 13
1.3. The construction of contract and its indispensable clauses 15
1.4. Types of contracts. Abbreviation 19
Chapter 2. Linguistic distinctive features of contract 23
2.1. Contract as a type of text and its stylistic features 23
2.2. Grammatical distinctive features of contract 26
2.3. Lexical distinctive features of contract 32
Decision 38
Mentions 42
Introduction
The involvement to the job of pulling up contracts is non occasional. Nowadays more and more people are acquiring involved in the universe of concern relationships. As a consequence of it, concern people need specializers possessing cognition of the English linguistic communication used for composing paperss.
Any serious trade should be struck with the aid of contracts and understandings. A written signifier of understandings is a warrant that different people, for illustration Buyers and Sellers, will collaborate in conformity with a certain concern scheme, and their involvements will be taken into consideration by their spouses.
A contract makes clear such things as measure and quality of goods, their monetary values, bringing footings, order of payment, and other footings. Contract serves to do a concern operation smooth and logic. It besides proves earnestness of undertaking parties and defines their duties before each other. An honorable word of a man of affairs, every bit good, should be reflected in a contract of a different sort. It is called purposes understanding and is a manifestation of a wish to make concern. That is, every measure and phase of a concern trade should be supported in a legal manner, in an official signifier.
The chosen job has appeared to be really pressing, because linguistics lacks its precise description. There is a distinct between formal and informal manners of English, but there is no rigorous difference between spoken and written concern English. Obviously, business communities do non pass on with their comrades utilizing intricate phrases and studious words. Still, they are obliged to utilize some formal clich & # 233 ; s which may sound unusual to non-business people, but are indispensable for carry oning concern. Anyway, in the research we have been seeking to look into the written portion of concern process, and to analyze texts of contracts sing their specific distinctive features.
Another thing to be mentioned is that there are really few scientific researches devoted to the job of pulling up concern paperss. As a consequence of it, theory of composing concern documents, on the one manus, reflects extremely subjective attacks. On the other manus, such attacks are non unified in conformity with bing regulations of formal English which is besides greatly influenced by informal English. Such influence truly exists, but there are no recognized standards about what alterations should be taken into consideration. That is why people who draw up contracts suffer rather apprehensible jobs: How should they make it to sound correct in the foreign linguistic communication? To what grade should they be formal in the text of contract, if even English-speaking people fitting troubles of a particular sort in pulling a line between formal and informal English? However, these jobs are side jobs of doing up contracts here.
The object of the research, therefore, is a contract as a portion of a concern trade and a type of written concern English. Its capable comprises probe of lingual distinctive features of a contract which make technique of its composing obligatory for people involved in pulling up concern paperss.
The intent of the research is to look into distinctive features in texts of contracts. It is performed through comprehension, reading and analysis of contractual indispensable clauses, all of them illustrated by illustrations from texts of contracts.
The solution of the purpose claims for making off with a figure of certain undertakings, such as:
1. to indicate out chief characteristics of formal English as the linguistic communication of concern correspondence ;
2. to depict the construction of contract and to individual out its chief clauses which are characteristic of this type of paperss ;
3. to expose distinctive features of contract spliting them into three general groups of stylistic, grammatical and lexical distinctive features.
In order to work out these undertakings the writer of the research has used methods of analyzing and analysis of theoretical literature and practical manuals on the job ; the methods of observation, description, means of syntactic and semantic analyses.
The research has been performed in four interconnected stairss. Analysis of literature on the job has logically been the first phase. After it, theoretical footing of the research has been compiled. Then the writer has picked up illustrations exemplifying grammatical, lexical and stylistic distinctive features of contracts. At last, generalization of consequences of the research and pulling up concluding decisions have been performed.
In fact, lingual distinctive features of contracts in comparing with their construction and operation in the concern universe have non been investigated exhaustively plenty yet. There are either economic documents on signifiers and types of contracts, or lingual researches on stylistic distinctive features of formal English. To province a connexion between those sorts of informations and do links between them depicting texts of contracts and to analyze their distinguishing characteristics are the chief factors of scientific freshness of the research.
The practical significance of the research is in possible application of its consequences in pattern by people who are interested in pulling up contracts and in the manner of making it right. It can be besides be of an involvement for people analyzing jobs of manner in English and functional use of formal and informal manners. The consequences of the research can be taken into consideration by pupils and teachers of English and English stylistics. As good they can be used as stuff for particular classs on concern English for pupils of lingual and economic sections.
The illustrations for analysis have been selected by the method of overpowering extract from texts of contracts dated different old ages. This fact can be a footing for comparing of lingual devices used in them. In order to do analysis of illustrations more precise, the writer has used informations non merely of lingual, but those 1s of economic lexicons every bit good.
The construction of the research includes debut, two chapters, seven paragraphs, decision and mentions. The entire volume of the research is 43 pages.
Chapter 1. Contracts. Their general features and types
1.1. English of paperss & # 8217 ; composing
A papers in its any visual aspect has ever been an of import portion of concern making. Business contracts are impossible without correspondence all over the universe. It does non count, whether you communicate with your spouse on the phone ( orally ) or through teletypewriters ( in composing ) . All determinations and footings must be confirmed by paperss.
All concern documents, both correspondence ( letters ) , teletypewriters, questions, offers, claims ( ailments ) and contracts ( understandings ) are usually associated with dramatic concern trades and their process. Such paperss are made up and signed & # 8220 ; by a wise authorization and are of legal importance & # 8221 ; [ 5, P.7 ] . As a consequence of it, concern paperss are written in conformity with some officially accepted signifiers, common for everybody who wants to make concern.
The official concern linguistic communication is sometimes called officialese
and differs from other sorts of the English linguistic communication, largely because of specific character of its functional use, which can be illustrated in classical footings of manner, its predestination, and chief characteristics.
A functional manner of a linguistic communication is characterised by the greater or less exemplification of its components and supra-phrasal units, in which the pick and agreement of mutualist lingual agencies are calculated to procure the intent of communicating [ 3, P.312 ] .
The manner of official paperss is divided into sub-styles of the linguistic communication of concern paperss, legal paperss, diplomatic negotiations, and military paperss. The purpose of the manner of official paperss is to province conditions adhering two parties in an project and to make understanding between them.
General characteristics of the manner of English of paperss & # 8217 ; composing are the undermentioned:
1 ) conventionality of look ;
2 ) absence of emotiveness ;
3 ) encoded character of the linguistic communication system ( including abbreviations ) ;
4 ) general syntactical manner of uniting several dictums into one sentence [ 3, P.316 ] .
The syntactical form of concern correspondence manner is made up from compositional forms of discrepancies of this manner which have their ain designs. The signifier of a papers itself is enlightening, because it tells something about the affair dealt with. From the point of view of its stylistic construction, the whole papers is one sentence. It looks like separate, molded clauses frequently divided by commas or semicolons, and non by full Michigans, frequently numbered. Every predicate building begins with a capital missive in the signifier of a participle or an infinitive building.
e.g. 3. Claims
3.1. In instance of non-confirmity of the quality of the goods really delivered
by Sellers with the contract specification, any claim concerning
the quality of the goods may be presented
within two months of the day of the month of bringing ;
3.2. No claim to be
considered by Sellers after termination of the above period ;
3.3. No claim presented
for one batch of the goods shall be regarded by Buyers as a ground for rejecting
any other batch or tonss of the goods to be delivered
under the present contract ;
3.4. & # 8230 ; & # 8230 ; & # 8230 ; [ 6, P.202 ] .
This structurally unlogical manner of uniting definite thoughts has its sense. It serves to demo the equality of the points and similar dependance of participial and infinitive buildings or predicate buildings.
One of the most dramatic characteristics of this manner is usage of words in their logical dictionary significance. There is no room for contextual significances or for any sort of coincident realization of two significances. Wordss with affectional significances are non to be found at that place either [ 3, P.31 ] .
Every type of concern paperss has its ain set phrases and clich & # 233 ; s which may sound strange in conversational English, e.g. bill, book value
, currency clause, promissory note, assets
, etc. If a individual wants to avoid misinterpretation, he / she should utilize glossary of commercial footings, and frailty versa.
Indeed, there are many differences in the vocabulary of formal and informal concern correspondence. Much vocabulary of formal English is of the Gallic, Latin and Greek origin. They are frequently translated into informal linguistic communication by replacing them by words or phrases of the Anglo-Saxon beginning.
e.g. Formal manner
Informal manner
commence Begin, get down
conclude terminal, finish, halt
prolong, continue travel on
Let us compare illustrations where these words are used in different manners.
e.g. I am informing you that the meeting will get down
at 4 p.m. ( formal )
I & # 8217 ; vitamin Ds like to remind you that the meeting will get down
at 4p.m. ( informal )
The meeting concluded
with subscribing the contract. ( formal )
The meeting ended
with subscribing the contract. ( informal )
Phrasal and prepositional verbs are characteristic of informal manner, that is why they are non used in concern correspondence. Their formal equivalents are used in official texts alternatively.
Formal manner
Informal manner
discover happen out
explode blow up
brush come across
invent make up
investigate expression into
e.g. In instance of detecting
disagreement of quality and measure of the merchandise inform us instantly.
Spoken English is full of assorted vocabulary, both standard and slangy. We besides have here different connections, such as good, you see, a sort of
which can non be used in written concern English, both logically and stylistically. They are logically excluded because of a small sum of information they convey. Business paperss, on the contrary, convey a batch of information in about any word. Therefore, a individual should be cognizant of these factors and non blend up conversational and concern English, pulling up a papers.
Informal footings have affectional qualities which are non present in formal linguistic communication. Formal linguistic communication frequently insists on a greater trade of clearcutness. But the job is that there are non ever proper equivalents in formal and informal English. The informal word occupation
, for case, has no formal equivalent. Alternatively of it, we have to look for a more restricted in use and a more precise term, harmonizing to the context, among possible discrepancies: employment, station ( clairvoyance. Br.E. ) , place, assignment, career,
etc.
[ 16, P.12 & # 8211 ; 13 ]
Business English is formal. We use it in concern correspondence, official studies and ordinances. Actually, it is ever written. Exceptionally it is used in address, for illustration, in formal public addresss. There are assorted grades of formality, like in the illustrations:
e.g. After his male parent & # 8217 ; s decease
, he had to alter
his occupation
. ( informal )
On the disease
of his male parent, he was obliged to seek for alternate
employment
. ( formal )
These sentences mean approximately the same thought, but would happen in different state of affairss. The first sentence is reasonably impersonal ( common nucleus ) manner, while the 2nd 1 is really formal, in fact stilted, and would merely happen in a written concern study.
In general, grammar regulations of spoken sentences are instead simple and less constructed than grammar of written sentences, particularly in understandings. It is more hard to split a spoken conversation into separate sentences, and connexions between one clause and the other are less clear because the talker relies more on the listener & # 8217 ; s apprehension of the context and state of affairs, every bit good as on his ability to disrupt if he fails to understand. The talker is able to trust on characteristics of modulation which tells us a great trade that can non be reflected in written punctuation.
The grammar usage in concern correspondence is besides different about the pronouns who
and whom
, and the topographic point of prepositions:
e.g. She wanted a spouse for her concern in whom
she could confide. ( formal )
She longed for a spouse ( who
) she could confide in
. ( informal )
In
what state was he born? ( formal )
What state was he born in
? ( informal )
Formal written linguistic communication frequently goes impersonal manner. That means that one doesn & # 8217 ; t refer straight to himself / herself or to his / her readers, but avoids pronouns. Some of the common characteristics of impersonal linguistic communication are inactive sentences get downing with the introductory word it
and abstract nouns. The consequence of the alteration into a inactive building is to change by reversal the focal point from the topic to the object of address.
Abstract nouns, particularly amount words ( bulk, minority, sum
) , stipulate more exactly the significance of an vocalization.
e.g. Announcement
from
the librarian
It has been noted with concern
that the stock of books in the library has been worsening
alarmingly. Students are asked to remind themselves
of the regulations for the adoption and return of books, and to bear in head
the demands of other pupils. Punishments
for delinquent
books will in the hereafter be purely enforced
. [ 16, P.13 ]
It is a really formal and impersonal message which could hold been written in a more informal and less impersonal manner, achieved by use of phrasal verbs, contractions, conversational phrases and other lingual agencies:
Librarian & # 8217 ; s
message
The figure of books in the library has been traveling down
. Please do certain
you know the regulations for adoption, and wear & # 8217 ; T
forget that the library is for everyone & # 8217 ; s
convenience. So from now on, we & # 8217 ; rhenium
traveling to implement the regulations purely. You have been warned
! [ 16, P.13 ]
To be tactful is to avoid doing offense or hurt in correspondence. Sometimes it means masking or covering up the truth. In such a instance, the usage of jussive moods should be polite:
e.g. Would you wish
to qualify inside informations of the contract?
Let us compare some more illustrations:
e.g. I suggest that we postponed sign language of the contract boulder clay tomorrow. ( tactful )
Could
I suggest that we postponed sign language of the contract boulder clay tomorrow. ( probationary and more tactful )
In other instances tentativeness is non connected with tact, but is merely an indicant of the talker & # 8217 ; s reluctance to perpetrate himself / herself on a given inquiry. To utilize of might
is characteristic of concern correspondence, because it is a more probationary manner of showing possibility than may
. Let us compare two sentences:
e.g. It may
have been an mistake in a concern trade.
It might
have been an mistake in a concern trade.
In the 2nd sentence might
presupposes a greater grade of uncertainness and sounds more tactful than may
.
Texts of concern paperss are specific and aimed at a definite intent. In order to do one & # 8217 ; s concern work and work efficaciously, a individual should possess cognition of linguistic communication criterions in concern letters. Adept application of this cognition is someway determined by criterions of paperss & # 8217 ; composing. If a papers is written in an recognized manner, it will be assessed by specializers. A incorporate concern text takes up less clip and work to roll up in comparing with private letters.
Since a author of a concern missive has a incorporate signifier in forepart of him / her, this individual follows a set form while making it. All the author & # 8217 ; s attending is focused on major information and information which represent the topic of the papers. In this manner, an addressee can decrypt the subject-matter faster, because a papers is written in the standardized signifier.
Furthermore, if concern paperss are drawn up in a incorporate and, to some extent, simplified manner, it takes less money disbursement and saves clip of the covering sides, and shortens the clip of concern process every bit good. A particular subdivision of English linguistics, – concern English, – is devoted to the intent of simplifying of concern devising.
Written concern English has got certain traits and jobs of its use, non merely for aliens, but for English-speaking concern people.
1.2. Theoretical jobs of the linguistic communication of paperss
Knowledge of pulling up concern correspondence is equal to pass oning with people in a businesslike mode [ 7, P.4 ] . A individual should cognize regulations of paperss & # 8217 ; composing to do one & # 8217 ; s concern effectual and profitable. All of them are united under the impression of manner.
A manner of the linguistic communication is a system of interconnected linguistic communication means which serve a definite purpose in communicating [ 3, P.33 ] . As has already been written, the manner can be formal ( concern written English ) and informal ( spoken English ) . The difference of formal and informal English is a affair of manner and attitude of people to each other. However, it is non an easy affair to pull an exact line between formal and informal English [ 8, P.28 ] , and that is the first, and the most of import thing to be clarified in this paper.
English of concern correspondence possesses some of import qualities, common for formal manner of English as good.
The linguistic communication of concern correspondence is really studious and is singular for the use of larger and more exact vocabulary, in comparing with informal manner of communicating. Sentences in paperss are longer and their clauses are grammatically fitted together more carefully, which means a batch of practise for a individual who draws up a contract. It is by and large considered and expected that existent concern people, experts in their field of activity, should bask the clearcutness and careful grammatical building. It does non intend, of class, that concern people must pass on orally in formal concern manner.
Formal concern correspondence should be more impersonal. It should non underscore the individualism of the author, and takes small history of the personal qualities of people who are traveling to do usage of it. Therefore, the talker should non mention straight to himself or his readers, but avoid the pronouns I, we, you
, and it may besides be of a trouble for a individual
.
One more job is that formal English deficiencies force and color. The fact that it is formal implies its great dependance on arbitrary conventions, instead than on natural address wonts [ 8, P.29 ] . That is why it is so difficult for non-business people to maintain concentrating their attending on contents of paperss all the clip, as their attending is diverted by intricate linguistic communication usage. Some of them will happen their long and complicated sentences instead confounding. Wordss of formal English may sound nice, but their significance is frequently difficult to acquire through. Very frequently a individual must read something all over once more to do certain what it means.
e.g. This judicial admission being of the kernel of the contract, default by the purchasers shall entitle the Sellers to lade and transport the goods as convenient to themselves to any of the ports named in this contract and Buyers shall take bringing consequently. ( Extract from a standard signifier of contract for the sale of lumber through agent in the U.K
. ) [ 6, P.229 ]
Another head job to retrieve about concern correspondence is that it will be read by busy people who normally have no involvement in either one & # 8217 ; s personality or his / her jobs [ 8, P.280 ] . Bearing in head that one should non blow anybody & # 8217 ; s clip and seek to derive anything by affecting your employers, a individual uses formal English to avoid unneeded inside informations about affairs handled, replacing them by rigorous modus operandi. To be as clear and brief as possible without giving lucidity is a common trait of any concern papers.
e.g. The clip of bringing of the Turbine Plant against the above contract expires on the 1st
July.
Please inform us by return of station of the advancement of industry of the Turbine [ 6, P.260 ] .
Anyhow, in some of import concern correspondence we may happen divergences from what is called official English of the concern universe. For illustration, if a individual wants to acquire a occupation or to subscribe a contract, to do a sale or to inquire person for particular advice, he / she is likely to desire to do a definite feeling on the middleman, like in the illustration:
e.g. So I spent my green old ages
foremost in East Germany that influenced on
me greatly ( they say I look like a German, gag
) , so we moved to populate in Siberia where I played an ice hockey, entered the Secondary School and fell in love
with British stone music. [ 4, P.35 ]
This individual was using for a journalist and tried to demo his composing accomplishments.
It does non intend, nevertheless, that a individual in charge will be much concerned about one & # 8217 ; s personality without cognizing a manner of utilizing it. If a individual is get downing concern correspondence on an of import affair, the first thing to make is to see it all carefully from the other individual & # 8217 ; s likely point of view, and to travel on doing concern in the same manner.
These are some of the most frequent jobs in the theory of concern correspondence which can concern a individual who is likely to acquire involved in a concern project.
1.3. The construction of contracts and their indispensable clauses
Contract is a concern papers showing an understanding for the bringing of goods, services, etc. , approved and signed by both the Buyer ( exporter ) and the Seller ( importer ) [ 5, P.131 ] . By jurisprudence contracts are made in authorship. When striking a trade, standard contracts are widely used. Standard contracts are non a must. Some articles can be altered and supplemented [ 10, P.12 ] .
The undermentioned points are of the greatest importance in any contract:
– contract No. ;
– topographic point and day of the month of sign language ;
– names of the Sides which signed the contract ;
– topic of the contract ;
– quality of goods ;
– monetary value ( per unit and entire monetary value ) ;
– finish ;
– bringing clip ;
– demands for packing and marker ;
– payment footings ;
– conditions of entry and credence of goods ;
– conveyance conditions ; guarantee conditions and countenances ;
– arbitration conditions ;
– force majeure ;
– judicial references of the Sides ;
– signatures of the marketer and the purchaser.
All appendices form an built-in portion of contract. Contract is drawn up in conformity with the established signifier, frequently on particular printed signifiers filled in with basic information by erstwhile authorship. Sometimes, when a dealing is little in volume, a contract may be concluded by telex [ 5, P.131 ] .
Now the most important clauses of contract should be regarded.
The topic
-section names the merchandise for sale or purchase. It besides indicates the unit of step employed in foreign trade for specific trade goods.
The quality
of machines and equipment is to be conformed with the proficient specification of the contract. The quality of natural stuffs and groceries is determined by criterions, samples, and description.
The monetary value
stated in a contract may be steadfast, fixed or skiding. Firm monetary values are non capable to alter in the class of the fulfillment of the contract. Fixed monetary value governs in the market on the twenty-four hours of bringing or for a given period. Skiding monetary values are quoted for machinery and equipment which require a long period of bringing.
There are some sorts of payment
. A check is a written order to a Bank given and signed by person who has money deposited at that place to pay a certain sum mentioned in the check to a individual named on it. In the topographic point of the check system Banks provide an international system of bank transportations. A bill of exchange is another order to pay. It is made out by an exporter and presented to the importer. It is besides called a measure of exchange. A sight bill of exchange is a measure which is paid instantly on presentation. A measure is to be paid at a ulterior day of the month is called a term bill of exchange. There are 30-day, 69- , 90- and 120-day bill of exchanges. The payment is guaranteed with a missive of recognition or a revolving missive of recognition.
Conveyance and bringing footings
. The alleged door-to-door ( multimodal ) conveyance is wide-spread in transporting now. It involves a transportation of the goods from one sort of conveyance to another. The chief bearer frequently prefers to presume through duty for the lading he caries. In a done motion of the Gods a combined conveyance papers is issued alternatively of a traditional Bill of Lading.
Packing goods
for export is a extremely specialized occupation. If the goods are improperly packed and marked, the bearer will decline to accept them, or will do makings about the unsatisfactory status of packing in the measure of ladling. Packing can be external ( crate, bag ) or internal ( box, package, flask, etc. ) , in which the goods are sold. In instance of consumer goods packing had a dual map. On one manus, it is for protection. On the other manus & # 8211 ; it serves to publicize a merchandise and pull a client.
Taging
should be in unerasable pigment with recognized sort of Markss. The instances in which the equipment is packed are to be marked on three sides: on the top of the instance and two non-opposite sides. The taging shall be clearly made with unerasable pigment in the linguistic communications of the covering sides.
Insurance of goods
. The export trade is capable to many hazards. Ships may drop or clash ; cargo may be lost or damaged. All reasonable concern people now insure goods for the full value. The thought of insurance is to obtain insurance in instance of harm or loss. Insurance is against hazard. While goods are in a warehouse, the insurance covers the hazard of fire, burglary, etc. every bit shortly as the goods are in theodolite they are insured against pilferage, harm by H2O, breakage or escape. The insured is better protected if his goods are insured against all hazards. The goods may be besides covered against general and peculiar loss or harm.
Force majeure
is a force against which you can non move or contend. Every contract has a force majeure clause. It normally includes natural catastrophes such as an temblor, inundation, fire, etc. It can besides include such eventualities as war, trade stoppage, countenances. Along with this there are some other fortunes beyond the Sellers & # 8217 ; control. The Seller may happen himself in a state of affairs when he can & # 8217 ; t carry through his duty under the contract. When negociating a contract a list of eventualities must be agreed on and set into the contract.
When a director makes up a contract he must non believe merely of his one-side involvement. He must believe in footings of common involvement with his opposite number. Merely so will he turn out loyal to his spouse. In instance of a eventuality the Seller must advise the Buyers of a force majeure right off. If it is done in due clip the Buyer may take immediate action to protect his involvement.
A force majeure must be a proved fact. The Seller is to subject to the Buyer a written verification issued by the Chamber of Commerce to this consequence. The continuance of a force majeure is, as a regulation, 4 or 6 months. After that the Buyer has a right to call off the contract. The Seller in this instance has no right to claim any compensation for his losingss.
Claims and countenances
. A contract defines rights and duties of the parties involved. Most frequently the Buyer makes quality and measure claims on the Seller. The cause for ailment may be hapless quality, breakage, harm, short weight, escape, etc. The Buyer must compose a statement of claim and mail it to the Seller together with the back uping paperss: Bill of Lading, Airway and Railway Bill, Survey Report, Quality Certificate are documental grounds. Drawings, exposures, samples are enclosed as cogent evidence of claims. The day of the month of a ailment is the day of the month on which it is mailed.
Claims can be lodged during a certain period of clip, which is normally fixed in a contract. During the claim period the Seller is to ask into the instance and pass on his answer. He either meets the claim or declines it. If a claim has a legitimate land behind it the parties try to settle it amicably. The Seller in bend is entitled to do a claim on his opposite number if the Buyer fails to run into his contractual duties. The Seller may bring down punishments on the Buyer if there is a default in payment. Financially, legitimate claims are in big portion settled by debit or recognition notes [ 10, P. 12 & # 8211 ; 28 ] .
1.4. Types of contracts. Abbreviations
In order to rush up the readying of contract paperss and to understate possibility of mistakes in them, a incorporate standardized signifier of contract paperss, the Master Pattern for Contract Documents, has been developed. It establishes rules and ordinances for the building of standardized signifiers of paperss used in foreign trade, like Supplement to contract, Order and Order verification.
Addendum to contract
is a concern papers which is an built-in portion of the contract, incorporating amendments or add-ons to the antecedently agreed contract conditions. The addendum should besides be agreed on and signed by both the exporter and the importer.
Order
is a concern papers showing the importer & # 8217 ; s offer for covering which contains specific conditions of a future dealing.
Order Confirmation
is a concern papers showing the exporter & # 8217 ; s message incorporating unclaused credence of the order conditions. The Master form has besides been accepted as a footing for standardized signifiers of questions and offers, used at pre-contract phases of covering [ 5, P.131 & # 8211 ; 132 ] .
Different houses and administrations merchandising on a regular basis, work out standardized signifiers of contracts for typical trades. Such standardized contracts are printed and include typical rights and responsibilities of the undertaking sides in merchandising and purchasing some goods and services. There are particular columns for the names of the Buyer and Seller, names of goods, their measure, monetary values and bringing footings. In instance of worsening or adding some footings, people use auxiliary columns in a contract signifier.
Standardized signifiers of export and import trades differ greatly and it makes them two general types of contracts [ 13, P.146 ] . Therefore, there are export
and import contracts
. They reflect different places of purchasers and Sellerss in trading. Contracts in import trade are called orders, and their entry warrancy, and bringing footings, every bit good as countenances are much harder towards the Sellerss than those 1s in export trade. Standardised signifiers of import contracts are sent to possible purchasers before acquiring commercial proposals and, really, before striking a trade. The linguistic communications of contracts are agreed upon on the both sides. It goes without stating that information and manner are kept the same non depending on the linguistic communication of contract.
As textual assortments, contracts are divided into administrative-managerial, financial-economical, advertisement, scientific-technical,
and artistic-publicational
contracts*
. Functional domains of their circulation can be easy guessed from names of contract types in this categorization, and are the topic of economic, instead than lingual, survey.
Contracts may be differentiated by the topic of a trade
. There are export contracts for the sale of oil merchandises, machinery tools, grain, lumber, the supply of goods, etc. Orders in import trade trade with ordination and buying goods. They are frequently supported with petitions, remindings, confirmations of different footings, warrant and beckoning review letters, and many others.
Goods in international trade are transported with the aid of multimodal ( door-to-door ) cargo. In contracts bringing and credence footings are marked with the International Commercial Footings ( Incoterms ) [ 10, P.16 ] . So, contracts can be classified in conformity with the manner
of bringing.
Most of Incoterms are represented as abbreviations.
The use of abbreviations, conventional symbols and contractions is typical of all sorts of paperss. Abbreviations are abundant, and there are particular lexicons to decrypt them. They serve as marks of the codification supposed to be known merely to the & # 8220 ; initiated & # 8221 ; [ 3, P.316 ] .
On the whole, there are 14 official Incoterms of rescue. They denote:
1. The point of rescue
. EX Works
agencies that the marketer & # 8217 ; s merely duty is to do the goods available at his premises. EX Ship
agencies that the marketer shall do the goods available to the purchaser on board the ship at the finish named in the gross revenues contract. EX Quay
agencies that the marketer makes the goods available to the purchaser on the quay at the finish named in the gross revenues contract.
2. The manner of rescue
. Fob
agencies Free on Board
. The goods are placed on board a ship by the marketer at a port of cargo named in the gross revenues contract. Fetal alcohol syndrome
agencies Free Alongside Ship
. That means that goods should be placed alongside the ship to carry through the marketer & # 8217 ; s duties. FOR / FOT
average Free on Rail / Free
on Truck. Truck
here relates to the railroad waggons, and that makes these abbreviations synonymous. FOB Airport
is based on the same chief rule as the ordinary FOB term. The marketer fulfils his duties by presenting the goods to the air bearer at the airdrome of going.
3. Payment footings
. C & A ; F means Cost and Fright. The marketer must pay the costs and fright necessary to convey the goods to the named finish, but the hazard of loss or harm to the goods is transferred from the marketer to the purchaser when the goods pass the ship & # 8217 ; s rail in the port of cargo. CIF means Cost, Insurance and Fright. This term is fundamentally the same as C & A ; F but with the add-on that the marketer has to secure marine insurance against the hazard of loss or harm to the goods during the passenger car.
Therefore, in Chapter 1 we have made an effort to clear up some points of the subject. They are the undermentioned:
The nature of the English of paperss composing is determined by its stylistic realization in written English. The manner of official paperss possesses its ain characteristics which are reflected in standardized signifiers of different paperss. They are distinctive features of the vocabulary, grammar and syntactic buildings, which are the topic of consideration in the practical portion of this paper.
The chief job of composing contracts is embodied in the impression of stylistic usage. Formal manner of concern English is instead difficult to obtain and to follow. It remains largely in written signifier, and its distinctive features should be purely observed. Some theoretical jobs of its operation have already been considered. Nevertheless, informal English influences it greatly, and even in everyday documents we may happen divergences from the recognized signifier.
It can be explained by the fact that concern is made by people, and non automatons. A individual & # 8217 ; s individualism, every bit good as emotions and feelings, more and more frequently peer into a cool and logical universe of concern, making new jobs and possibilities of concern English operation in texts of contracts and other paperss.
We have besides defined contract as a typical realization of formal concern English which possesses the same stylistic characteristics and follows the same ends as other sorts of concern correspondence.
Contentss of contract besides have specific clauses, and they guarantee division of contracts into certain types in conformity with a side originating a trade, a domain of doing a trade, types of goods and their bringing footings. Very frequently a manner of rescue is encoded with the aid of particular abbreviations. Contracts besides possess singular lingual characteristics revealed in their texts, and they are the topic of Chapter 2.
Chapter 2. Linguistic distinctive features of contracts
2.1. Contract as a type of text and its stylistic features
From the lingual point of position, a contract is a type of a papers, because any understanding is a completed papers repairing some information. As a type of text, contract has its ain specific features. Stylistic distinctive features of all papers texts are:
1. concreteness, concision, clarity of the declared thought ;
2. high capacity of information ;
3. rigorous logic ;
4. clear beat of sentences ;
5. stressing on the chief thought with the aid of word repeats ;
6. absence of connotative of information ;
7. a particular system of clich & # 233 ; s and casts ;
8. use of abbreviations, conventional symbols and Markss ;
9. use of footings in their direct semantic significance ; discriminatory use of monosemantic words ;
10. division of a text into cha
pters, paragraphs, points, frequently numbered ( clear compositional construction of a papers ) ;
11. use of definite syntactic theoretical accounts ;
12. in writing ornament of a papers: quality of paper, measure and quality of illustrations, size and sort of print.
The chief characteristics of the manner of contract are:
1. steady system of lingual agencies in the text of contract ;
2. deficiency of emotional coloring ;
3. decrypting character of linguistic communication ;
4. use of a particular symbolic system ;
5. definite syntactic construction ( the 12 above-enumerated points ) .
The manner of contract defines some distinctive features and techniques of its authorship. Making contracts is different in some points from composing concern letters, such as an offer, an enquiry, a ailment, etc. Some considerations of import for concern letters are non of import for contracts, and v.v. The chief difference is that any contract is made up by two undertaking parties and contains information about many topics. So all points are to be approved by both parties. There are certain clearly definable demands for how to compose contracts.
By and large, contracts should be formal, complete, clear, concrete, right and concise. *
In contracts all possible informational inside informations are non suited. So, while composing contracts we must detect all distinctive features of standard English grammar, vocabulary usage and stylistic appropriation. A formal contract or understanding requires considerations of spruceness and attractive agreement. Completeness of any contract suggests the range of all important facts that have mention to the issue of the understanding. Actually, you are expected to explicate what, how, and when you are traveling to cover with your spouse.
The following component, – clarity, – is one of the most of import, because much depends on it. Clearness could be reached by the usage of simple short words, phrases and paragraphs where the both parties of a contract explain their purposes and issues. Clearness of any statements really defines your striking a trade or non.
The constituent which is closely connected with the old one is concreteness. Concreteness of a contract or an understanding is a portion and a package of any legal papers. Besides that, the longer the papers is, the more attractive and graphic its contents should be.
The following two constituents are besides important. They are correctness and concision. Correctness involves proper grammar usage ( tense-aspect signifiers of the verb, verbals, articles, etc. ) , vocabulary usage, punctuation and formal manner. Grammar should be checked with a particular attention, otherwise it may bring forth a hapless feeling of the papers and non-seriousness of your involvements. Conciseness is normally achieved by the usage of minimal words to show upper limit of information.
As it has been noted above, any contract should be simple and clear, concise and brief. Commercial correspondence frequently suffers from an antique, grandiloquent manner of English which complicates the message and gives the reader the feeling that he is reading a linguistic communication he does non understand. Though the linguistic communication of contract is possibly the most formal among all sorts of concern correspondence, and the vocabulary of such correspondence is really specific, which is connected with its character and a great figure of legal footings, it should non be archaic. It should be clear plenty in its significance.
The manner, nevertheless, should non be excessively simple as it may go discourteous and sound rude. Linguists ( G. Leech, J. Svartvik, Ch. French friess, O. Jespersen, M. Joos, I.V. Arnold, B.A. Ilyish, E.M. Gordon, etc. ) recommend the undermentioned stylistic devices that might do understandings and contracts more polite: complex sentences joined with concurrences are preferred, instead than short sentences ; inactive buildings instead than active ; full signifiers instead than abbreviated signifiers, where necessary.
The right tone should be impersonal, devoid of a grandiloquent linguistic communication on one manus, and an informal or conversational linguistic communication on the other manus. Therefore, inappropriate vocabulary, parlances, phrasal verbs are non allowed at all.
The both undertaking parties should non see any troubles in obtaining information, they should be able to understand what is written. Misinterpretations are caused by a deficiency of idea and attention. It may go on if we use a batch of abbreviations, figures and prepositions.
Abbreviations are really utile, because they are really speedy to compose and easy to read. But the both parties are expected to cognize what the abbreviations stand for. If one of the spouses is non perfectly certain that the abbreviations are easy recognised he / she should non utilize it.
The symbol & A ; , which means in English and
, is used in some footings like C & A ; F
( Cost and Fright ) , C & A ; I
( Cost and Insurance ) . But
is marked as # in contract texts. The symbol & # 8470 ;
is used alternatively of the word figure
. In American English the symbol # means figure
every bit good, but it is used in different tabular arraies and artworks, and non in the text. It is ne’er used, nevertheless, to denote Numberss of houses.
Very frequently in contracts Latin abbreviations are used, for illustration e.g.
( for illustration ) , et Al.
( and others ) ,
etc.
( and so on ) , v.v.
( quite the antonym ) , i.e
. ( that means ) . Besides they use English abbreviations ltd.
( limited ) , Bros.
( brothers ) , encl.
( enclosed ) , dols.
( dollars ) ,
etc.
[ 4, P.45 & # 8211 ; 46 ] .
The usage of figures alternatively of words for amounts can make many jobs for people. To avoid any possibility of confusion, it is necessary to compose amounts in both figures and words, e.g. $ 9.897.44 ( nine 1000, eight hundred and 97 dollars, 44 cents ) . It is besides a norm to set merely dollars ( lbs, etc. ) in words and cents ( pence, etc. ) in figures merely, e.g. $ 100.50 ( one hundred dollars and 50 cents ) . From the above-written it is clear that the symbols & # 163 ; ( lbs ) and $ ( dollars ) , in paperss in peculiar, are put before the amount and their use is non of any error.
Spelling regulations, punctuation and grammar usage should all be checked over exhaustively. Still, there are some other ways in which inaccuracy may botch the contract paper. A particular attending should be paid to rubrics, names, references, mentions, monetary values, specifications, enclosures, etc. , which are besides of a great importance in texts of contracts.
2.2. Grammatical distinctive features of contracts
On the whole, grammar of any contract may be characterised as instead simple and formal. Simple
here means deficiency of diverseness of discrepancies which occurs in every papers which is non legal. As for the grammar tenses which are used in understandings, the most widespread are the Indefinite and the Perfect tenses, both in the Active and Passive Voices. In many points their use is already portion and package.
e.g. Sellers have sold
and Buyers have bought
& # 8230 ; ( Present Perfect )
The Agents shall bear
all conveyance disbursals from & # 8230 ; ( Future Indefinite )
Our house informed
the Suppliers that the general conditions were
non contained
in the order.
( Past Indefinite Active / Passive )
Complex analytical signifiers of the verb, such as the Continuous and Perfect Continuous Tenses, are perfectly non used in no manner. The specific character of any contract provides rare use of the past tenses.
One of specific characteristics of contract is use of the verb shall
[ 5 ; 6 ; 14 ; 15 ] . Though it is non used in Modern English, in concern correspondence and paperss it keeps being used.
e.g. The consequence shall
be considered. = The consequence is to be considered / will be considered.
Buyers can pay for the goods from the first individual or from the 3rd one, both in the plural and remarkable figure.
e.g. Each party shall
have the right to decline any farther fulfillment of the duties. ( 3d individual, sing )
The Buyers shall
obtain the import license. ( 3d individual, pl. )
We shall
have the right to delegate to you & # 8230 ; ( 1st
individual, pl. )
The combination of the verb should
and the infinitive besides shows a future action, but with a less grade of chance. This building normally occurs in low-level clauses.
e.g. & # 8230 ; if a hold in the bringing should
exceed 3 months.
In many instances shall
and should
are equal in significance.
e.g. & # 8230 ; if the existent cost to us shall
/ should
addition.
The distinctive feature of contract is besides excluding if
in low-level clauses with should
, and in this instance should
becomes the first component in the sentence.
e.g. We hope that you will direct as enquires should
you need.
Should
the above fortunes continue to be in force & # 8230 ;
Should
Buyers fail to open the missive of recognition in clip & # 8230 ;
One of the most dramatic characteristics of Business English is a broad usage of verbals, and their survey might be interesting for those who learn and teach English. The system of infinite signifiers of the verb comprises the infinitive, the -ing
-form and the participials. It is common cognition that verbals are widely used in societal English, but they are frequently used in concern and commercial correspondence every bit good. The use of verbals, nevertheless, is really specific and nowadayss certain troubles.
One of the most often used verbals in concern letters is the infinitive. It may function as an adjunct to verbs, nouns and adjectives. Consequently, infinitive buildings are subdivided into infinitives as verb adjuncts, infinitives as noun adjuncts and infinitives as adjectival adjuncts [ 3, P.58 ] . The most interesting and of import for the research is the first group, so we shall see merely it.
There are six types of forms in which the infinitive is to be regarded as a verb adjunct: *
1 ) an adjunct to an active verb ;
2 ) an adjunct to a inactive verb & # 8217 ;
3 ) a complex adjunct to an active verb ;
4 ) a prepositional complex adjunct to an active verb ;
5 ) a wh-
infinitive adjunct ;
6 ) an adjunct to a verb in a sentence with a map of the topic.
The groups of the infinitive as an adjunct to an active verb, the infinitive as an adjunct to a inactive verb and the infinitive as a complex adjunct to an active verb are used in commercial correspondence and in contracts in peculiar. The last three types of the infinitive are really seldom used in concern correspondence or might be used merely on occasion.
The infinitive as an adjunct to an active verb ever follows a head-verb. In concern correspondence it is lexically dependent and normally found after the undermentioned verbs: to hold, to look, to set up, to go on, to make up one’s mind, to anticipate, to neglect, to waver, to trust, to mean, to wish, to pull off, to necessitate, to offer, to exclude, to be after, to prefer, to fix, to suggest, to repent, to procure, to seek, to desire, to wish.
e.g. They have arranged to bring forth
the equipment.
We won & # 8217 ; t neglect to supply
full specifics every bit shortly as possible.
We propose to settle
by measure of exchange at 60 yearss, paperss against credence.
In the instance the providers want to hold
any extra information you should reach us instantly.
By and large in contracts and understandings the infinitive adjunct to an active verb is a simple infinitive. Sometimes, nevertheless, it may be followed by the perfect infinitive, bespeaking an action which precedes that one of the predicate verb. As for the uninterrupted infinitive in this map the analysis of contracts has proved that it is barely of all time used.
e.g. Property in goods, to hold passed
to Buyers when goods have been put a board.
You don & # 8217 ; t appear to hold taken
into account the one-year summer works & # 8217 ; shut-down.
The bringing of goods was to hold taken
topographic point last month and we have been caused serious incommodiousness through the hold.
We expect to hold been informed
by Feb. 15th
.
It should besides be noted that in commercial correspondence the topic of the infinitive adjunct is a individual ( e.g. we, they
) or a thing denoted by the topic of the sentence ( e.g. our house
) .
e.g. We
look frontward to your early answer.
The Suppliers
inform the Buyers that there had been a fire.
Our questions
with your representative whom we asked & # 8230 ;
The infinitive in concern correspondence may besides function as an adjunct to a inactive verb. In this instance it ever follows its head-verb and is lexically restricted. The infinitive in this map follows the undermentioned verbs: to see, to anticipate, to teach, to fix, to think of, to necessitate.
e.g. The national Bank of Argentina has been instructed to open
a recognition valid until 30 November.
The goods are considered to be
in conformance with the certification.
The bringing day of the month is understood to be
the day of the month on which the Suppliers apply to the Buyers & # 8217 ; Transporting Agents.
The usage of the infinitive adjunct to a inactive verb is stylistically restricted. It often occurs in newspapers, scientific prose and concern correspondence, but it is non characteristic of literary manner, and in societal English it is non common at all.
The infinitive may function as an adjunct to an active verb followed by a noun or a pronoun which stands to the infinitive in the relation of a topic. The combination is lexically restricted, because in concern correspondence it may be found merely after the definite verbs from the undermentioned list: to rede, to let, to inquire, to enable, to expert, to assist, to prefer, to press, to desire, to wish.
e.g. We would rede you to take
an all-rich insurance policy.
If the period of warrant has non expired we will inquire you to replace
the machine by another 1.
Should the Buyers fail to maintain
this rate of droping & # 8230 ;
We agree to accept
this cargo on status that you & # 8230 ;
The complex infinitive adjunct to an active verb is non restricted stylistically and is in extended usage in scientific and fiction literature and besides in commercial and concern correspondence.
The Indefinite Infinitive occurs in contracts in the map of the predicate, showing duty and a future action.
e.g. Delivery to get down
in six to eight months and to be completed
in 12 to 16 months ( to get down
= will get down ) .
Date of cargo to be determined
by day of the month of Bill of Lading ( to be
determined
= will be determined ) .
It is allowed merely in texts of contracts and other concern paperss.
Each contract besides has buildings with participials.
e.g. The missive of recognition is to be valid for 90 yearss, all bank charges being
at the disbursal of the Buyers.
Here is a building with Participle I where it refers to the noun in the General Case, which goes before the participial. It is non common in address, but it occurs in contracts.
Constructions with the Perfect Participle, nevertheless, are rare in contracts and demo an action prior to another one expressed by the predicate.
e.g. We have included in our claim merely the cost of stuff and labor, all other disbursals connected with the fix non holding been taken
into consideration.
Some participials which have no explanatory words in contracts can either precede or follow a noun. Largely they are buildings with Participle II:
e.g. the needed
specification vs. specification required
;
the enclosed
missive vs. the missive enclosed
.
The Past Participle Passive ever follows a noun if it has explanatory words.
e.g. a wire received
from London ;
the check attached
to the missive.
If a participial shows merely an action which is made upon the topic, it follows a noun.
e.g. The Sellerss are to inform us of the measure of the goods loaded
.
Buyers are to accept or pay for the measure shipped.
The participial demoing the quality, if there is one, precedes the noun:
e.g. illustrated
catalogue ; damaged
goods ;
within six hebdomads of the stipulated
clip of cargo.
The definite article the
in contract has its ain distinctive features.
In every contract there are Buyers and Sellers and these words can be used either with the definite article or without it. However, they are ever capitalised: Buyers, Sellers
.
e.g. This contract is made between Rossexport, hereinafter called Sellers
& # 8230 ;
& # 8230 ; and India Electric Company, hereinafter referred to as the Buyers
& # 8230 ;
Although in Russian it is ever remarkable, in English it can be either remarkable or plural. That is why all discrepancies are possible: the Buyers
& # 8211 ; the Sellers
; the
Buyer & # 8211 ; the Seller ; Buyer & # 8211 ; Seller
. The most common is the first discrepancy though the others are besides possible.
e.g. Should the
Seller fail to advise the
Buyer of a eventuality & # 8230 ;
If, nevertheless, they are to be shipped to Buyer who lives a considerable distance off & # 8230 ; ( absence of article )
The goods sold under the present contract are to be delivered by Sellers and accepted by Buyers. ( absence of article )
The definite article is besides used with ships.
e.g. The
S.S. Svir
is to get on July, the 5th
.
Besides the definite article is seldom used after prepositions of the Latin beginning per
and ex
.
e.g. The goods were shipped per
S.S. Svir
.
The wheat was delivered ex
S.S. Svir
.
The definite article is ne’er used with nouns which are followed by a figure in sizes, codifications, etc. :
e.g. under Contract
& # 8470 ;
25 ; O
rder
& # 8470 ;
1015 ; our history No.
100/1066 ;
under paragraph
9 of your General Conditions of the order ;
in conformity with clause
6 of the understanding.
From the above-written we can reason that contract has its ain grammatical and stylistic distinctive features which have much in common with the 1s of concern correspondence. However, they are alone plenty to see contract a specific type of concern correspondence.
2.3. Lexical distinctive features of contracts
From the lexicological point of position contracts are of great involvement. The vocabulary of contract has its ain specific characteristics. First of wholly, it is instead stable. As a regulation, words have their lone exact significance. There are no words which are emotionally coloured. As a consequence of it, we can indicate out the words, which are present practically in every contract. They are the undermentioned.
Whereas
expresses every adult male & # 8217 ; s thought of how a contract begins. One must be careful about blending up narrations of history with what is really being agreed on. It would be incorrect to compose *Where as A admits owing B $ 1000
, because the admittance may subsequently stalk one. Rather less harm would be caused by utilizing of the proper word. Whereas
agencies that the parties have been engaged in a series of minutess ensuing in a difference over accounting between them.
e.g. The excess is to be paid for by the Buyers, whereas
shortweight is to be refunded by the Sellers.
One more compound word with the adverb where
is whereby
, which means by
which
and refers to the present contract.
e.g. We have concluded the present contract whereby
it is agreed as follows & # 8230 ;
The use of compound words with adverbs here / at that place
and prepositions is besides typical of written formal manner of English. Their significance is made up from significance of their constituents. There is no chief difference, though, between significances of here- / there-
compounds.
e.g. If cargo of the whole or portion is thereby
rendered impossible & # 8230 ; ( thereby
= by it ; by that means ; in that connexion )
We are directing you herewith
statement of your history. ( herewith
= with it / that )
All disbursals connected therewith
being born by & # 8230 ; ( therewith
= with it )
The scrutiny of the goods and expostulation thereto
& # 8230 ; ( thereto
= to it )
Subject to General Conditions on Sale endorsed hereon
& # 8230 ; ( hereon
= on this papers )
The goods to be shipped as shortly thenceforth
as suited tunnage gettable. ( thenceforth
= from that clip )
The Sellers shall non be responsible for any harm ensuing to the Buyers therefrom
. ( therefrom
= from it / them )
Hereinafter
is a really utile word, making the occupation of the six, referred to later in a papers. Hereinafter
often sets up brief names for the catching parties.
e.g. Knightsbridge International Drapes, Ltd. hereinafter
the Buyer.
The wood goods hereinafter
specified capable to a fluctuation in Sellers & # 8217 ; option of 20 per cent.
The aforesaid
is a clich & # 233 ; which is more preferred in texts of contracts alternatively of its less formal equivalents: the above-named, the above-written, as was written / said before
, and the similar.
e.g. The aforesaid
paperss should incorporate mentions & # 8230 ;
The aforesaid
warrant shall stop for the undermentioned vehicles & # 8230 ;
It is understood and ag
