is stronger somehow than another. Perhaps, one's position may determine

the choice. "You shall", however is bad form.

"Understanding" It is a dangerous word. If you mean agreement you

ought to say so. If you view of affairs that there is no agreement,

"understanding" as a noun suggests the opposite or comes close to it. .it

stands, in fact, as a monument to unsatisfactory compromise. The

softness of the word conjures up pleasing images. "In accordance with

our understanding..." can be interpreted in a number of ways.

"Effect" Here is a little word which uses are insufficiently

praised. Such a phrase as "We will produce..." is inaccurate,

because the work will be subcontracted and the promise-maker

technically defaults. Somebody else does the producing. Why not say "We

will produce or cause to be produced..."? This is in fact often said, but

it jars the ear. Accordingly "We will effect production..." highlights

the point with greater skill.

"Idea" This word is bad for your own side but helpful against others.

Ideas as such are not generally protected by law. If you submit

something to a company with any hope of reward you must find better

phrasing than "my idea". Perhaps, "my format" or possibly "my

property" is more appropriate. Naturally, if you can develop an idea

into a format or protectable property, the more ambitious phrasing

will be better justified.

"As between us" It is useful, because people are always forgetting or

neglecting to mention that a great many interests may be involved

in what appears to be simple dialogue. "I reserve control over..." and

"You have the final power of decision over..." sound like division of

something into spheres, but frequently "I" am in turn controlled by my

investors and "You" - by a foreign parent company, making the language of

division inaccurate. Neither of us really controls anything, at least

ultimately.

Thus it will be useful to say, "As between us, I control..." and so

on.

"Spanning" Time periods are awkward things: "...for a period

commencing August,1 and expiring November,15..." is clumsy; "...from

August,1 to November,15..." is skeletal when informing how long a contract

obligation endures.

But during particular time periods one may be reporting for work, for

example, three days out of every five, or doing something else that is

within but not completely parallel to the entire time period involved.

A happy solution is the word "Spanning". It goes this way:

"Throughout the period spanning August,1 - November,15 inclusive you will

render services as a consultant three days out of every five."

It will be useful to put "inclusive" at the end for without it you may

lose the date, concluding the period being spanned.

"Negotiate in Good Faith" The negotiators have worked until late at

night, all points but one have been worked out, the contract will never be

signed without resolution of some particular impasse. What is there to

do?

Agree to "Negotiate in Good Faith" on the disputed point at later time.

This is done frequently, but make no mistake about the outcome. The open

point remains open. If it happens to be vital you may have no contract

at all. "Negotiate in Good Faith" is one of those evasions that must be

used sparingly. At the right time it prevents collapse, at the wrong time

it promotes it.

"Confirm" It suggests, of course, that something has been agreed upon

before. You are writing now only to make a record of it. "I write to

confirm that you admit substantial default in delivery" Frequently we

encounter it in ordinary correspondence: "Confirming your order",

"Confirming the main points of our agreement", and so on.

"Furnish" It is a handy word which usefulness lies in the avoidance of

worse alternatives. Suppose you transact to deliver a variety of elements

as a package.

"Deliver" leaves out, even though it may well be implied, the

preliminary purchase or engagement of these elements, and at the other end

it goes very far in suggesting responsibility for getting the package

unscathed to where it belongs.

Alternatives also may go wrong, slightly, each with its own

implications.

"Assign" involves legal title; "give" is lame and probably untrue;

"transmit" means send.

Thus each word misses some important - detail or implies unnecessary

things.

"Furnish" is sometimes useful when more popular words fall short or go

too far. It has a good professional ring to it as well:

"I agree to furnish all of the elements listed on Exhibit A annexed hereto

and made part hereof by incorporation."

Who is responsible for non-delivery and related questions can be dealt

with in separate clauses.

"Furnish" avoids jumping the gun. It keeps away from what ought to be

treated independently but fills up enough space to stand firm.

The word is good value.

"Right but Not Obligation" One of the most splendid phrases

available. Sometimes the grant of particular rights carries with it by

implication a duty to exploit them. Authors, for example, often feel

betrayed by their publishes, who have various rights "but do nothing about

them." Royalties decrease as a result; and this situation, whether or not

it reflects real criminality, is repeated in variety of industries and

court cases. Accordingly it well suits the grantee of rights to make

clear at the very beginning that he may abandon them. This possibility is

more appropriately dealt with in separate clauses reciting the

consequences. Still, contracts have been known to contain inconsistent

provisions, and preliminary correspondence may not even reach the

subject of rights. A quick phrase helps keep you out of trouble: "The Right

but Not Obligation". Thus,

"We shall have the Right but Not Obligation to grant sublicenses in

Austria"("But if we fail, we fail").

Even this magic phrase has its limitations because good faith may require

having a real go to exploiting the rights in question. Nevertheless "Right

but Not Obligation" is useful, so much so as to become incantation

and be said whenever circumstances allow it. I the other side challenges

these words, it will be better to know this at once and work out

alternatives or finish up the negotiations completely.

"Exclusive" It’s importance in contract English is vast, and its omission

creates difficulties in good many informal drafts. Exclusivity as a

contract term means that somebody is -barred from dealing with others in a

specified area. Typically an employment may be exclusive in that the

employee may not work for any one else, or a license may be exclusive

in the sense that no competing licenses will be issued.

Antitrust problems cluster around exclusive arrangements but they are

not all automatically outlawed.

It follows that one ought to specify whether or not exclusivity is

part of many transactions. If not, the phrase "nonexclusive" does

well enough. On the other hand, if a consultant is to be engaged solely

by one company, or a distributorship awarded to nobody else except X,

then "exclusive" is a word that deserves recitation. "Exclusive Right

but Not Obligation" is an example that combines two phrases discussed

here.

The linking of concepts is a step in building a vocabulary of

contract English.

"Solely on condition that" One of the few phrases that can be considered

better than its short counterparts. Why not just "if"? Because "if" by

itself leaves open the possibility of open contingencies:

"If Baker delivers 1,000 barrels I will buy them" is unclear if you will

buy them only from Baker. Therefore what about "only if"? Sometimes

this works out, but not always.

"I will buy 1,000 barrels only if Baker delivers them" is an example of

"only if" going fuzzy. One possible meaning is "not more than 1,000

barrels" with "only" assimilated with the wrong word. Here then a more

elaborate phrase is justified.

"I will buy 1,000 barrels solely on condition that Baker delivers them"

makes everything clear.

"Subject to" Few contracts can do without this phrase. Many promises can

be made good only if certain things occur. The right procedure is

to spell out these plausible impediments to the degree that you can

reasonably foresee them.

"We will deliver these subject to our receiving adequate supplies";

"Our agreement is subject to the laws of Connecticut";

"Subject to circumstances beyond our control ".

Foreign esoteric words

Every now and then a scholarly phrase becomes accepted in business usage.

"Pro rate" and "pari passu" are Latin expressions but concern

money. "Pro rata" proves helpful when payments are to be in a proportion

reflecting earlier formulas in a contract. "Pari passu" is used when

several people are paid at the same level or time out of a common fund.

Latin, however, is not the only source of foreign phrases in business

letters.

"Force majeure" is a French phrase meaning circumstances beyond one's

control.

English itself has plenty of rare words. One example is "eschew"; how

many times we see people struggling with negatives such as "and we

agree not to produce (whatever it is) for a period of X". The more

appropriate phrase would be

"we will eschew production".

But here it should be mentioned that not everyone can understand such

phrases. Therefore rare words should be used only once in a long while.

Those who uses them sparingly appears to be reliable.

Some words against passive

Until now the study of writing business letters has consisted largely

of contract phrases accompanied by brief essays evaluating their

usefulness. The words are only samplings and are presented mainly to

conduce writing business letters in a proper way. It will be wrong,

however, to bring this list to an end without mention of a more general

problem that arises in connection with no fixed word pattern at all. It

arises, rather from using too many passives. Such phrases as "The material

will be delivered";

"The start date is to be decided";

"The figures must be approved" are obscure ones leaving unsettled who it is

that delivers, who decides, and who does the approving. Which side it is

to be? Lawsuits are the plausible outcome of leaving it all

unsettled. Passives used in contracts can destroy the whole

negotiations. "You will deliver" is better for it identifies the one who

will do delivering. Certainly, "must be approved by us" violates other

canons. "We shall have the right but not the obligation to approve" is

less unfortunate. There is no doubt that passives do not suit business

letters, and if they go all the way through without adding something like

"by you" or "by us" they are intolerable. Once in a long while one may

find passives used purposely to leave something unresolved. In those

circumstances they will be in class with "negotiate in good faith", which

I've examined earlier.

EXAMINING ENGLISH BUSINESS LETTERS

Now let's turn to the practical point of writing business letters. They

may be divided into official and semi-official. The first kind of letters

is characteristic of those people working in business: an executive,

a department manager, a salesman, a secretary or a specialist in

business and technology. But also many people may want to buy something,

to accept an invitation or to congratulate somebody - this is a kind of

semi-official letters. The first kind of letters may in turn be

subdivided into such groups as: inquiries, offers, orders, and so on. I

am going to examine this group more carefully looking at the

correspondence of Chicago businessmen and English manufactures.

.

Example 1.

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602

Messrs GRANT & CLARKSON

148 Mortimer Street

London WIC 37D

England October 21, 1993

Gentlemen:

We saw your women's dresses and suits at the London Fashion Show held

in New York on October 17. The lines you showed for teenagers, the

"Swinger" dresses and trouser suits would be most suitable for our

market.

Would you kindly send us your quotation for spring and summer clothing

that you could supply to us by the end of January next. We would

require 2,000 dresses and suits in each of the sizes 10-14, and 500 in

sizes 8 and 16. Please quote c.i.f. Chicago prices. Payment is normally

made by letter of credit.

Thank you for an early reply.

Very truly yours,

P.Wilson.Jr

Buyer

.

This is undoubtedly an import inquiry letter. In the first part of a

letter there is a kind of introduction as a prospective customer

approaches supplier for the first time ,and it is from this part that

we found out that the correspondents are engaged in textile industry.

The second part expresses request for detailed information about

the goods in question, their prices and terms of possible transaction.

In this example we come across the abbreviation concerning the

terms of delivery, that is commonly accepted in the business world. It

is interesting to know what this kind of abbreviations means:

c.i.f. - cost, insurance, freight.

If consignment is to be delivered according to c.i.f., then the

supplier insures the goods and pays for the whole delivery.

f.o.b. - free on board.

If consignment is to be delivered according to f.o.b., then the

supplier pays for transportation to port, steamer or air shipment and

dispatch; and the customer pays for onward transportation and

insurance.

f.o.r. - free on rail.

It is the same as f.o.b., but for railway transportation.

c & f - cost and freight.

If consignment is to be delivered according to c & f, then the

supplier pays for the whole delivery and the customer - for insurance.

It is worth mentioning here that the whole letter is written in a

highly polite way, nevertheless it is quite precise and sticks to the

point.

.

Example2

GRANT &CLARKSON

148 Mortimer Street

London W1C 37D

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602 30th October, 1996

Dear Sirs,

We are pleased to make you an offer regarding our ‘Swinger’ dresses and

trouser suits in the size you require. Nearly all the models you saw at our

fashion show are obtainable, except trouser suits in pink, of which the

smaller sizes have been sold out. This line is being manufactured

continuously, but will only be available again in February, so could be

delivered to you in March.

All other models can be supplied by the middle of January 1997, subject to

our receiving your form order by 15th of November. Our c.i.f. prices are

understood to be for sea\land transport to Chicago. If you would prefer the

goods to be sent by air freight, this will be charged extra at cost

Trouser suits sizes 8-16 in white, yellow, red, turquoise, navy blue, black

Sizes 12,14 also in pink per 100 $2,650.00

Swinger dresses sizes 8-16

in white, yellow, red, turquoise, black per 100 $1,845.00

You will be receiving price-list, cutting of our materials and a colour

chart. These were airmailed to you this morning.

Yours faithfully,

F.T.Burke

Export Department

As you can clearly see it we face the second phase of business

correspondence - the answering letter. It is very important, because it

adjusts the relationships between two partners. It does not only

characterise the company, but also advertises it. The purpose of the

letter is to persuade the partner that you are the best in business.

This letter contains the quotation in reply to an inquiry. In lots

of similar letters the quotations are simply prices and another information

asked for. But this sample is quite the opposite: it shows the

customer that he met the sales-cautious businessman, who uses every

opportunity to stimulate his correspondents interest in his goods

by including the sales message. And the assurance that the customer

will receive personal attention is read between the lines. In order to

draw the attention of the customer to the products in question the

supplier offers "cuttings of our materials and a colour chart". On the

whole a firm offer is subject to certain conditions, a deadline for

the receipt of orders, or a special price for certain quantities.

Example 3.

A business transaction often starts with an inquiry which may later be

followed by an order.

Both inquiry and order are meant to arose and stimulate business activity

on the part of recipient. They are typically asking letters. Orders

convey the writer's intention to do business with his correspondent,

usually to buy some goods from them.

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602

GRANT &CLARKSON

148 Mortimer Street

London W1C 37D November 4, 1996

Gentlemen:

Thank you for your quotation of October 30. We have pleasure in placing an

order with you for

1,900 ‘Swinger’ dresses at Price: $38,745

in the colours and sizes specified below:

|Quantity |Size |Colour |

|50 |8,16 |white |

|100 |10,12,14 |white |

|50 |8,16 |turquoise |

|100 |10,12,14 |turquoise |

|50 |8,16 |red |

|100 |10,12,14 |red |

|50 |16 |yellow |

|100 |10,12,14 |yellow |

|50 |16 |black |

|100 |10,12,14 |black |

Delivery: air freight, c.i.f., Chicago

We shall open a letter of credit with your bank as soon as we receive your

order acknowledgement. Please arrange for immediate collection and

transport since we need the dresses for Christmas.

Very truly yours,

P. Wilson

Buyer

It is indisputably an import order, and as we can notice placing orders is

simple from the point of view of letter writing. The fact is that

usually the purchasing department or the buyer fills in an order form.

But in this case the correspondent prefers to write a letter in order

to make certain points quite clear. There are special import

regulations which are touched upon in the last paragraph: it is necessary

to complete formalities and to stress delivery instructions.

It should be mentioned here that the supplier must send order

acknowledgement as an answer to order promptly to thank his customer for

the order and to confirm it.

If some conditions have changed, the customer must be notified. In

the case the goods ordered are no longer available, a substitute may

be offered.

Example 4.

What follows the order acknowledgement is the advice of dispatch.

GRANT &CLARKSON

148 Mortimer Street

London W1C 37D

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602 20thNovember,1996

Dear Sirs:

We have pleasure in notifying you that your credit was confirmed by our

bank yesterday, 19th November. We have had the 1900 ‘Swinger’ dresses

collected today for transport by British Airways to Chicago on 25th

November.

Enclosed is our invoice for the goods in question plus the extra charges

for air freight, packing list to facilitate customs clearance at your end,

certificate of origin, air waybill and insurance policy.

Hoping that this initial order will lead to further business, we are

Yours faithfully

F.T.Burke

Export department

The first thing to be done before writing such a letter is to examine

carefully whether the partners account is valid or not. So in the first

paragraph we come across phrase "your credit was confirmed by our bank

yesterday". Air shipment for "Swinger" dresses is also mentioned here.

The next paragraph deals with the documents which are necessary while

importing goods: Invoice packing lists, certificate of origin, air

waybill and insurance policy. As it is the initial order by MATTHEWS &

WILSON, the GRANT & CLARKSON hopes to encourage them to place further

orders, so their last phrase sounds very polite.

Example 5

No matter how efficient a business firm tries to be, mistakes will

happen. There might be a misunderstanding about the goods to be

supplied; sometimes the consignment is dispatched too late or delays

are caused in transit; defect is discovered when the equipment is put into

operation and so on.

Therefore a letter with the complaint expressed is sent.

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602 November 22, 1996

GRANT &CLARKSON

148 Mortimer Street

London W1C 37D

Gentlemen:

Thank you for your delivery of ‘Swinger’ dresses which were ordered on

November 4. However we wish to draw your attention to two matters.

Of the red dresses supplied one lot of 100(size 12) included clothes of a

lighter red than the other sizes. Since we deliver a collection of various

sizes to each store, it would be obvious to customers that the clothes are

dissimilar. In addition the red belt supplied does not match these dresses.

We are returning two of these by separate mail, and would ask you to

replace the whole lot by 100 dresses size 12 in the correct colour.

As far as your charges for air freight are concerned, we agree to pay the

extra costs which you invoiced. However your costs for packing and

insurance must have been lower for air cargo, and we request you to take

this fact into consideration and to make an adjustment to the invoice

amount. Would you please send us a rectified invoice, reduced accordingly.

We look forward to your dealing with these questions without delay.

Very truly yours.

Wilson.

If this kind of letter is sent the customer is understandably

annoyed, nevertheless there is no reason to write an angry letter of

complaint. In the EXAMPLE 5 there are two complaints: the first is about

the "Swinger" dresses colour and the second - about the fact that air

freight seems too expensive to MATTHEW & WILSON.

From this letter we see that the results are better for the correspondent

takes the trouble to explain his complaint clearly and proposes ways in

which matters can be put right.

Example 6.

Letters that are written in response to claims may be called

adjustments. These letters are among the most difficult to write as they

require under all circumstances patience, tact, and diplomacy. You will

not lose your customer if you react at his claim promptly.

GRANT &CLARKSON

148 Mortimer Street

London W1C 37D

MATTHEWS & WILSON

Ladies' Clothing

421 Michigan Avenue

Chicago, III.60602 2nd December, 1996

Dear Sirs:

The colour of the dresses about which you complain is indeed lighter than

it should be. Apparently this was overlooked by controller responsible.

Please accept our apologies for the oversight.

We are sending you a new lot by air this week, and would ask you to return

the faulty clothes at your convenience, carriage forward. Alternatively you

may keep this lot for sale as seconds at a reduced price of &1,120.

You are perfectly correct in saying that packing and insurance costs are

normally less for cargo sent by air. May we remind you, however, in this

case your request to send the goods by air was made at very short notice.

It was not possible for us to use the lighter air freight packing

materials, as most of the dresses were ready for shipment by sea freight

(please see our letter of 9th November). Furthermore, our insurance is on

an open policy at a flat rate, and depends on the value of the goods, not

the method of transport. For these reasons our invoice No.14596 dated 15th

November 1996 is still valid, and we look forward to receiving your

remittance when due.

Yours faithfully

Burke

The suppliers show their understanding of situation and express their

willingness to adjust it. They say exactly what steps they are going to

take, because a disappointed customer cannot be put off with mere

apologies - he is entitled to know how the mistake will be remedied. The

supplies convince their partners that they are really interested in

maintaining good will. They try to avoid negative statements, and what

even worse, accusations; they never forget that it is their

customer who keeps them in business.

Even when they write their customers about rejecting their claim on

air freight, they try to give logical reasons for the refusal.

CONCLUSION

The conclusion that therefore suggests itself is that writing of

business letters is highly complicated science. It is not enough for a

good business letter writing to know lexics and grammar, but you should

comprehend the whole range of such things as: occasions on which the

particular letter is written, the style of letter, useful expressions, and

accepted idioms.

There are certain rules which not everybody could learn since they have

to be felt by correspondents. Letter writing requires long practice and

experience. Those who write letters should always remember, that what

makes the letter attractive and therefore promotes one's business is

not always the message of the letter, but it is the manner and style in

which the message is written.

The "golden rule" that must be followed by every business correspondent is

that the official letter should be formal, courteous, tactful, concise,

expressive, and to the point

.

BIBLIOGRAPHY

1.WINCOR, RICHARD Contracts in plain English

2.БАСС Э.М.

Научная и деловая корреспонденция

3.GOWERS, ERNEST The complete plain words

4.Громова Н.М.

Основы деловой переписки

5.Naterop

Business Letters for All.

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