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рефераты скачатьLinguistic Pecularities Of Contracts in English

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 any business document.

e.g. The time of delivery of the Turbine Plant against the

above contract expires on the 1st July.

Please inform us by return of post of the progress of

manufacture of the Turbine [6, P.260].

Anyway, in some important business correspondence we may find

deviations from what is called official English of the business world.

For example, if a person wants to get a job or to sign a contract, to

make a sale or to ask somebody for special advice, he / she is likely

to want to make a definite impression on the interlocutor, like in the

example:

e.g. So I spent my green years first in East Germany that

influenced on me greatly (they say I look like a German, joke),

then we moved to live in Siberia where I played an ice hockey,

entered the Secondary School and fell in love with British rock

music. [4, P.35]

This person was applying for a journalist and tried to show his

writing skills.

It does not mean, however, that a person in charge will be much

concerned about one’s personality without knowing a way of using it.

If a person is starting business correspondence on an important

matter, the first thing to do is to consider it all carefully from the

other person’s probable viewpoint, and to go on making business in the

same way.

These are some of the most frequent problems in the theory of

business correspondence which can concern a person who is likely to

get involved in a business undertaking.

3. The structure of contracts and their essential clauses

Contract is a business document presenting an agreement for the

delivery of goods, services, etc., approved and signed by both the

Buyer (exporter) and the Seller (importer) [5, P.131]. By law

contracts are made in writing. When striking a deal, standard

contracts are widely used. Standard contracts are not a must. Some

articles can be altered and supplemented [10, P.12].

The following items are of the greatest importance in any contract:

- contract No.;

- place and date of signing;

- names of the Sides which signed the contract;

- subject of the contract;

- quality of goods;

- price (per unit and total price);

- destination;

- delivery time;

- requirements for packing and marking;

- payment terms;

- conditions of submission and acceptance of goods;

- transport conditions; warranty conditions and sanctions;

- arbitration conditions;

- force majeure;

- judicial addresses of the Sides;

- signatures of the seller and the buyer.

All appendices form an integral part of contract. Contract is drawn

up in accordance with the established form, often on special printed

forms filled in with basic information by one-time writing. Sometimes,

when a transaction is small in volume, a contract may be concluded by

telex [5, P.131].

Now the most significant clauses of contract should be regarded.

The subject-section names the product for sale or purchase. It also

indicates the unit of measure employed in foreign trade for specific

commodities.

The quality of machines and equipment is to be conformed with the

technical specification of the contract. The quality of raw materials

and foodstuffs is determined by standards, samples, and description.

The price stated in a contract may be firm, fixed or sliding. Firm

prices are not subject to change in the course of the fulfilment of

the contract. Fixed price governs in the market on the day of delivery

or for a given period. Sliding prices are quoted for machinery and

equipment which require a long period of delivery.

There are some kinds of payment. A cheque is a written order to a

Bank given and signed by someone who has money deposited there to pay

a certain amount mentioned in the cheque to a person named on it. In

the place of the cheque system Banks provide an international system

of bank transfers. A draft is another order to pay. It is made out by

an exporter and presented to the importer. It is also called a bill of

exchange. A sight draft is a bill which is paid immediately on

presentation. A bill is to be paid at a later date is called a term

draft. There are 30-day, 69-, 90- and 120-day drafts. The payment is

guaranteed with a letter of credit or a revolving letter of credit.

Transport and delivery terms. The so-called door-to-door

(multimodal) transport is wide-spread in shipping now. It involves a

transfer of the goods from one kind of transport to another. The main

carrier often prefers to assume through responsibility for the cargo

he caries. In a through movement of the gods a combined transport

document is issued instead of a traditional Bill of Lading.

Packing goods for export is a highly specialised job. If the goods

are improperly packed and marked, the carrier will refuse to accept

them, or will make qualifications about the unsatisfactory condition

of packing in the bill of lading. Packing can be external (crate, bag)

or internal (box, packet, flask, etc.), in which the goods are sold.

In case of consumer goods packing had a double function. On one hand,

it is for protection. On the other hand – it serves to advertise a

product and attract a customer.

Marking should be in indelible paint with recognised kind of marks.

The cases in which the equipment is packed are to be marked on three

sides: on the top of the case and two non-opposite sides. The marking

shall be clearly made with indelible paint in the languages of the

dealing sides.

Insurance of goods. The export trade is subject to many risks.

Ships may sink or collide; consignment may be lost or damaged. All

sensible business people now insure goods for the full value. The idea

of insurance is to obtain indemnity in case of damage or loss.

Insurance is against risk. While goods are in a warehouse, the

insurance covers the risk of fire, burglary, etc. as soon as the goods

are in transit they are insured against pilferage, damage by water,

breakage or leakage. The insured is better protected if his goods are

insured against all risks. The goods may be also covered against

general and particular loss or damage.

Force majeure is a force against which you cannot act or fight.

Every contract has a force majeure clause. It usually includes natural

disasters such as an earthquake, flood, fire, etc. It can also include

such contingencies as war, embargo, sanctions. Along with this there

are some other circumstances beyond the Sellers’ control. The Seller

may find himself in a situation when he can’t fulfil his obligation

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