Linguistic Pecularities Of Contracts in English - Иностранные языки - Скачать бесплатно
Contents
Introduction
4
Chapter 1. Contracts. General characteristics and types
7
1. English of documents’ writing
7
2. Theoretical problems of the language of documents
13
3. The structure of contract and its essential clauses
15
4. Types of contracts. Abbreviation
19
Chapter 2. Linguistic peculiarities of contract
23
2.1. Contract as a type of text and its stylistic characteristics
23
2.2. Grammatical peculiarities of contract
26
2.3. Lexical peculiarities of contract
32
Conclusion
38
References
42
Introduction
The interest to the problem of drawing up contracts is not
occasional. Nowadays more and more people are getting involved in the
world of business relationships. As a result of it, business people
need specialists possessing knowledge of the English language used for
writing documents.
Any serious deal should be struck with the help of contracts and
agreements. A written form of agreements is a guarantee that different
people, for example Buyers and Sellers, will cooperate in accordance
with a certain business strategy, and their interests will be taken
into consideration by their partners.
A contract makes clear such things as quantity and quality of
goods, their prices, delivery terms, order of payment, and other
terms. Contract serves to make a business operation smooth and logic.
It also proves seriousness of contracting parties and defines their
responsibilities before each other. An honest word of a businessman,
as well, should be reflected in a contract of a different kind. It is
called intentions agreement and is a manifestation of a wish to do
business. That is, every step and stage of a business deal should be
supported in a legal way, in an official form.
The chosen problem has appeared to be very urgent, because
linguistics lacks its precise description. There is a clear-cut
between formal and informal styles of English, but there is no strict
difference between spoken and written business English. Obviously,
businessmen do not communicate with their companions using intricate
phrases and bookish words. Still, they are obliged to use some formal
clichйs which may sound strange to non-business people, but are
essential for conducting business. Anyway, in the research we have
been trying to investigate the written part of business procedure, and
to analyse texts of contracts considering their specific
peculiarities.
Another thing to be mentioned is that there are very few scientific
researches devoted to the problem of drawing up business documents. As
a result of it, theory of writing business papers, on the one hand,
reflects highly subjective approaches. On the other hand, such
approaches are not unified in accordance with existing rules of formal
English which is also greatly influenced by informal English. Such
influence really exists, but there are no accepted criteria about what
changes should be taken into consideration. That is why people who
draw up contracts suffer quite understandable problems: How should
they do it to sound correct in the foreign language? To what degree
should they be formal in the text of contract, if even English-
speaking people meet difficulties of a special kind in drawing a line
between formal and informal English? However, these problems are side
problems of making up contracts here.
The object of the research, thus, is a contract as a part of a
business deal and a type of written business English. Its subject
comprises investigation of linguistic peculiarities of a contract
which make technique of its writing obligatory for people involved in
drawing up business documents.
The purpose of the research is to investigate peculiarities in
texts of contracts. It is performed through comprehension,
interpretation and analysis of contractual essential clauses, all of
them illustrated by examples from texts of contracts.
The solution of the aim claims for doing away with a number of
certain tasks, such as:
1. to point out main features of formal English as the language of
business correspondence;
2. to describe the structure of contract and to single out its main
clauses which are characteristic of this type of documents;
3. to expose peculiarities of contract dividing them into three
general groups of stylistic, grammatical and lexical peculiarities.
In order to solve these tasks the author of the research has used
methods of studying and analysis of theoretical literature and
practical manuals on the problem; the methods of observation,
description, means of syntactic and semantic analyses.
The research has been performed in four interrelated steps.
Analysis of literature on the problem has logically been the first
stage. After it, theoretical basis of the research has been compiled.
Then the author has picked up examples illustrating grammatical,
lexical and stylistic peculiarities of contracts. At last,
generalisation of results of the research and drawing up final
conclusions have been performed.
In fact, linguistic peculiarities of contracts in comparison with
their structure and functioning in the business world have not been
investigated thoroughly enough yet. There are either economic papers
on forms and types of contracts, or linguistic researches on stylistic
peculiarities of formal English. To state a connection between those
kinds of data and make links between them describing texts of
contracts and to analyse their distinguishing features are the main
factors of scientific novelty of the research.
The practical significance of the research is in possible
application of its results in practice by people who are interested in
drawing up contracts and in the way of doing it correctly. It can be
also be of an interest for people studying problems of style in
English and functional usage of formal and informal styles. The
results of the research can be taken into consideration by students
and instructors of English and English stylistics. As well they can be
used as material for special courses on business English for students
of linguistic and economic departments.
The examples for analysis have been selected by the method of
overwhelming excerption from texts of contracts dated different years.
This fact can be a basis for comparison of linguistic devices used in
them. In order to make analysis of examples more precise, the author
has used data not only of linguistic, but those ones of economic
dictionaries as well.
The structure of the research includes introduction, two chapters,
seven paragraphs, conclusion and references. The total volume of the
research is 43 pages.
Chapter 1. Contracts. Their general characteristics and types
1. English of documents’ writing
A document in its any appearance has always been an important part
of business doing. Business contracts are impossible without
correspondence all over the world. It does not matter, whether you
communicate with your partner on the phone (orally) or through telexes
(in writing). All decisions and terms must be confirmed by documents.
All business papers, both correspondence (letters), telexes,
enquiries, offers, claims (complaints) and contracts (agreements) are
normally associated with striking business deals and their procedure.
Such documents are made up and signed “by a judicious authority and
are of legal importance” [5, P.7]. As a result of it, business
documents are written in accordance with some officially accepted
forms, common for everybody who wants to do business.
The official business language is sometimes called officialese and
differs from other kinds of the English language, mostly because of
specific character of its functional usage, which can be illustrated
in classical terms of style, its predestination, and main features.
A functional style of a language is characterised by the greater or
less typification of its constituents and supra-phrasal units, in
which the choice and arrangement of interdependent linguistic means
are calculated to secure the purpose of communication [3, P.312].
The style of official documents is divided into sub-styles of the
language of business documents, legal documents, diplomacy, and
military documents. The aim of the style of official documents is to
state conditions binding two parties in an undertaking and to reach
agreement between them.
General features of the style of English of documents’ writing are
the following:
1) conventionality of expression;
2) absence of emotiveness;
3) encoded character of the language system (including
abbreviations);
4) general syntactical mode of combining several pronouncements
into one sentence [3, P.316].
The syntactical pattern of business correspondence style is made up
from compositional patterns of variants of this style which have their
own designs. The form of a document itself is informative, because it
tells something about the matter dealt with. From the viewpoint of its
stylistic structure, the whole document is one sentence. It looks like
separate, shaped clauses often divided by commas or semicolons, and
not by full stops, often numbered. Every predicate construction begins
with a capital letter in the form of a participial or an infinitive
construction.
e.g. 3. Claims
3.1. In case of non-confirmity of the quality of the goods
actually delivered by Sellers with the contract specification, any
claim concerning the quality of the goods may be presented within two
months of the date of delivery;
3.2. No claim to be considered by Sellers after expiration of the
above period;
3.3. No claim presented for one lot of the goods shall be regarded
by Buyers as a reason for rejecting any other lot or lots of the goods
to be delivered under the present contract;
3.4. ……… [6, P.202].
This structurally illogical way of combining definite ideas has its
sense. It serves to show the equality of the items and similar
dependence of participial and infinitive constructions or predicate
constructions.
One of the most striking features of this style is usage of words
in their logical dictionary meaning. There is no room for contextual
meanings or for any kind of simultaneous realisation of two meanings.
Words with emotive meanings are not to be found there either [3,
P.31].
Every type of business documents has its own set phrases and
clichйs which may sound strange in colloquial English, e.g. invoice,
book value, currency clause, promissory note, assets, etc. If a person
wants to avoid misunderstanding, he / she should use glossary of
commercial terms, and vice versa.
Indeed, there are many differences in the vocabulary of formal and
informal business correspondence. Much vocabulary of formal English is
of the French, Latin and Greek origin. They are often translated into
informal language by replacing them by words or phrases of the Anglo-
Saxon origin.
e.g. Formal style Informal style
commence begin, start
conclude end, finish, stop
prolong, continue go on
Let us compare examples where these words are used in different
styles.
e.g. I am informing you that the meeting will commence at 4 p.m.
(formal)
I’d like to remind you that the meeting will begin at 4p.m.
(informal)
The meeting concluded with signing the contract. (formal)
The meeting ended with signing the contract. (informal)
Phrasal and prepositional verbs are characteristic of informal
style, that is why they are not used in business correspondence. Their
formal equivalents are used in official texts instead.
Formal style Informal style
discover find out
explode blow up
encounter come across
invent make up
investigate look into
e.g. In case of discovering discrepancy of quality and quantity of
the product inform us immediately.
Spoken English is full of various vocabulary, both standard and
slangy. We also have here different connectors, such as well, you see,
a kind of which cannot be used in written business English, both
logically and stylistically. They are logically excluded because of a
little amount of information they convey. Business documents, on the
contrary, convey a lot of information in almost any word. Thus, a
person should be aware of these factors and not mix up colloquial and
business English, drawing up a document.
Informal terms have emotive qualities which are not present in
formal language. Formal language often insists on a greater deal of
preciseness. But the problem is that there are not always proper
equivalents in formal and informal English. The informal word job, for
instance, has no formal equivalent. Instead of it, we have to look for
a more restricted in usage and a more precise term, according to the
context, among possible variants: employment, post (esp. Br.E.),
position, appointment, vocation, etc. [16, P.12 – 13]
Business English is formal. We use it in business correspondence,
official reports and regulations. Actually, it is always written.
Exceptionally it is used in speech, for example, in formal public
speeches. There are various degrees of formality, like in the
examples:
e.g. After his father’s death, he had to change his job.
(informal)
On the disease of his father, he was obliged to seek for
alternative employment. (formal)
These sentences mean roughly the same idea, but would occur in
different situations. The first sentence is fairly neutral (common
core) style, while the second one is very formal, in fact stilted, and
would only occur in a written business report.
In general, grammar rules of spoken sentences are rather simple and
less constructed than grammar of written sentences, especially in
agreements. It is more difficult to divide a spoken conversation into
separate sentences, and connections between one clause and the other
are less clear because the speaker relies more on the hearer’s
understanding of the context and situation, as well as on his ability
to interrupt if he fails to understand. The speaker is able to rely on
features of intonation which tells us a great deal that cannot be
reflected in written punctuation.
The grammar use in business correspondence is also different about
the pronouns who and whom, and the place of prepositions:
e.g. She wanted a partner for her business in whom she could
confide. (formal)
She longed for a partner (who) she could confide in.
(informal)
In what country was he born? (formal)
What country was he born in? (informal)
Formal written language often goes impersonal style. That means
that one doesn’t refer directly to himself / herself or to his / her
readers, but avoids pronouns. Some of the common features of
impersonal language are passive sentences beginning with the
introductory word it and abstract nouns. The effect of the change into
a passive construction is to reverse the focus from the subject to the
object of speech.
Abstract nouns, especially amount words (majority, minority,
amount), specify more precisely the meaning of an utterance.
e.g. Announcement from the librarian
It has been noted with concern that the stock of books in the
library has been declining alarmingly. Students are asked to
remind themselves of the rules for the borrowing and return of
books, and to bear in mind the needs of other students. Penalties
for overdue books will in the future be strictly enforced. [16,
P.13]
It is a very formal and impersonal message which could have been
written in a more informal and less impersonal way, achieved by usage
of phrasal verbs, contractions, colloquial phrases and other
linguistic means:
Librarian’s message
The number of books in the library has been going down. Please
make sure you know the rules for borrowing, and don’t forget that
the library is for everyone’s convenience. So from now on, we’re
going to enforce the rules strictly. You have been warned! [16,
P.13]
To be tactful is to avoid causing offence or distress in
correspondence. Sometimes it means disguising or covering up the
truth. In such a case, the use of imperatives should be polite:
e.g. Would you like to stipulate details of the contract?
Let us compare some more examples:
e.g. I suggest that we postponed signing of the contract till
tomorrow. (tactful)
Could I suggest that we postponed signing of the contract till
tomorrow. (tentative and more tactful)
In other cases tentativeness is not connected with tact, but is
simply an indication of the speaker’s reluctance to commit himself /
herself on a given question. To use of might is characteristic of
business correspondence, because it is a more tentative way of
expressing possibility than may. Let us compare two sentences:
e.g. It may have been an error in a business deal.
It might have been an error in a business deal.
In the second sentence might presupposes a greater degree of
uncertainty and sounds more tactful than may.
Texts of business documents are specific and aimed at a definite
purpose. In order to make one’s business work and work effectively, a
person should possess knowledge of language standards in business
letters. Skilful application of this knowledge is somehow determined
by standards of documents’ writing. If a document is written in an
accepted way, it will be assessed by specialists. A unified business
text takes up less time and work to compile in comparison with private
letters.
Since a writer of a business letter has a unified form in front of
him / her, this person follows a set pattern while doing it. All the
writer’s attention is focused on major information and data which
represent the subject of the document. In this way, an addressee can
decode the subject-matter faster, because a document is written in the
standardised form.
Moreover, if business documents are drawn up in a unified and, to
some extent, simplified way, it takes less money spending and saves
time of the dealing sides, and shortens the time of business procedure
as well. A special branch of English linguistics, - business English,
- is devoted to the purpose of simplifying of business making.
Written business English has got certain traits and problems of its
usage, not only for foreigners, but for English-speaking business
people.
2. Theoretical problems of the language of documents
Knowledge of drawing up business correspondence is equal to
communicating with people in a businesslike manner [7, P.4]. A person
should know rules of documents’ writing to make one’s business
effective and profitable. All of them are united under the notion of
style.
A style of the language is a system of interrelated language means
which serve a definite aim in communication [3, P.33]. As has already
been written, the style can be formal (business written English) and
informal (spoken English). The difference of formal and informal
English is a matter of style and attitude of people to each other.
However, it is not an easy matter to draw an exact line between formal
and informal English [8, P.28], and that is the first, and the most
important thing to be clarified in this paper.
English of business correspondence possesses some important
qualities, common for formal style of English as well.
The language of business correspondence is very bookish and is
remarkable for the usage of larger and more exact vocabulary, in
comparison with informal style of communication. Sentences in
documents are longer and their clauses are grammatically fitted
together more carefully, which means a lot of practise for a person
who draws up a contract. It is generally considered and expected that
real business people, experts in their field of activity, should enjoy
the preciseness and careful grammatical construction. It does not
mean, of course, that business people must communicate orally in
formal business style.
Formal business correspondence should be more impersonal. It should
not emphasise the individuality of the writer, and takes little
account of the personal qualities of people who are going to make use
of it. Thus, the speaker should not refer directly to himself or his
readers, but avoid the pronouns I, we, you, and it may also be of a
difficulty for a person.
One more problem is that formal English lacks force and vividness.
The fact that it is formal implies its great dependence on arbitrary
conventions, rather than on natural speech habits [8, P.29]. That is
why it is so hard for non-business people to keep concentrating their
attention on contents of documents all the time, as their attention is
diverted by intricate language use. Some of them will find their long
and complicated sentences rather confusing. Words of formal English
may sound nice, but their meaning is often hard to get through. Very
often a person must read something all over again to make sure what it
means.
e.g. This stipulation being of the essence of the contract, default
by the buyers shall entitle the Sellers to load and ship the
goods as convenient to themselves to any of the ports named in
this contract and Buyers shall take delivery accordingly.
(Extract from a standard form of contract for the sale of timber
through broker in the U.K.) [6, P.229]
Another chief problem to remember about business correspondence is
that it will be read by busy people who usually have no interest in
either one’s personality or his / her problems [8, P.280]. Bearing in
mind that one should not waste anybody’s time and try to gain anything
by impressing your employers, a person uses formal English to avoid
unnecessary details about matters handled, replacing them by strict
routine. To be as clear and brief as possible without sacrificing
clarity is a common trait of
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