Linguistic Pecularities Of Contracts in English
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Linguistic Pecularities Of Contracts in English Linguistic Pecularities Of Contracts in English



Chapter   1.   Contracts.   General    characteristics    and    types
 1.          English          of          documents          writing
 2.   Theoretical   problems   of   the   language    of    documents
 3.  The  structure   of   contract   and   its   essential   clauses
 4.         Types         of         contracts.          Abbreviation

Chapter     2.     Linguistic      peculiarities      of      contract
2.1.  Contract as a type of text  and  its  stylistic  characteristics
2.2.        Grammatical        peculiarities        of        contract
2.3.         Lexical         peculiarities         of         contract



  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
clichs 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
  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
  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

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
  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,
  Every type of business  documents  has  its  own  set  phrases  and
clichs 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
  e.g.  I am informing you that the meeting will commence at  4  p.m.
       Id like to remind you that the meeting  will  begin  at  4p.m.
       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
  e.g.   After  his  fathers  death,  he  had  to  change  his  job.
       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  hearers
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.
       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 doesnt 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,
  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:
                             Librarians message
    The number of books in the library has been  going  down.  Please
  make sure you know the rules for borrowing, and dont  forget  that
  the library is for everyones convenience. So from  now  on,  were
  going to enforce the rules strictly. You  have  been  warned!  [16,
  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 speakers 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 ones 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
  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
writers 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

   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  ones  business
effective and profitable. All of them are united under the  notion  of
  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
  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 ones personality or his / her problems [8, P.280]. Bearing  in
mind that one should not waste anybodys 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
  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 ones 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 persons 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
  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 cant  fulfil  his  obligation
under  the  contract.  When  negotiating  a   contract   a   list   of
contingencies must be agreed on and put into the contract.
  When a manager makes up a contract he must not think  only  of  his
one-side interest. He must think in terms of common interest with  his
counterpart. Only then will he prove loyal to his partner. In case  of
a contingency the Seller must notify the Buyers  of  a  force  majeure
right away. If it is done in due time the  Buyer  may  take  immediate
action to protect his interest.
  A force majeure must be a proven fact. The Seller is to  submit  to
the Buyer a written confirmation issued by the Chamber of Commerce  to
this effect. The duration of a force majeure is, as a  rule,  4  or  6
months. After that the Buyer has a right to cancel the  contract.  The
Seller in this case has no right to claim  any  compensation  for  his
  Claims and sanctions. A contract defines rights and obligations  of
the parties involved. Most often the Buyer makes quality and  quantity
claims on the Seller. The cause for complaint  may  be  poor  quality,
breakage, damage, short weight, leakage, etc. The Buyer must  write  a
statement of claim and  mail  it  to  the  Seller  together  with  the
supporting documents: Bill of Lading, Airway and Railway Bill,  Survey
Report,  Quality  Certificate  are  documentary  evidence.   Drawings,
photos, samples are enclosed as  proofs  of  claims.  The  date  of  a
complaint is the date on which it is mailed.
  Claims can be lodged during a certain  period  of  time,  which  is
usually fixed in a contract. During the claim period the Seller is  to
enquire into the case and communicate his reply. He either  meets  the
claim or declines it. If a claim has a legitimate ground behind it the
parties try to settle it amicably. The Seller in turn is  entitled  to
make a claim on his  counterpart  if  the  Buyer  fails  to  meet  his
contractual obligations. The Seller may inflict penalties on the Buyer
if there is a default in payment. Financially, legitimate  claims  are
in large part settled by debit or credit notes [10, P. 12  28].

   4. Types of contracts. Abbreviations
  In order to speed up the preparation of contract documents  and  to
minimise possibility of errors in them, a unified standardised form of
contract documents, the Master Pattern  for  Contract  Documents,  has
been developed. It establishes  principles  and  regulations  for  the
construction of standardised forms of documents used in foreign trade,
like Supplement to contract, Order and Order confirmation.
  Supplement to contract is a business document which is an  integral
part of the  contract,  containing  amendments  or  additions  to  the
previously agreed contract conditions. The supplement should  also  be
agreed on and signed by both the exporter and the importer.
  Order is a business document presenting the  importers  offer  for
dealing which contains specific conditions of a future transaction.
  Order Confirmation is a business document presenting the exporters
message containing unclaused acceptance of the order  conditions.  The
Master pattern has also been accepted  as  a  basis  for  standardised
forms of enquiries and offers, used at pre-contract stages of  dealing
[5, P.131  132].
  Different firms  and  organisations  trading  regularly,  work  out
standardised forms of contracts for typical deals.  Such  standardised
contracts are printed and include typical rights  and  duties  of  the
contracting sides in selling and buying some goods and services. There
are special columns for the names of the Buyer and  Seller,  names  of
goods, their quantity, prices and delivery terms. In case of declining
or adding some terms, people use supplementary columns in  a  contract
  Standardised forms of export and import deals differ greatly and it
makes them two general types of contracts [13, P.146]. Thus, there are
export and import  contracts.  They  reflect  different  positions  of
buyers and sellers in trading. Contracts in import  trade  are  called
orders, and their submission warrancy, and delivery terms, as well  as
sanctions are much harder towards  the  sellers  than  those  ones  in
export trade. Standardised forms  of  import  contracts  are  sent  to
potential buyers before getting commercial  proposals  and,  actually,
before striking a deal. The languages of contracts are  agreed upon on
the both sides. It goes without saying that information and style  are
kept the same not depending on the language of contract.
  As textual varieties, contracts are  divided  into  administrative-
managerial, financial-economical,  advertising,  scientific-technical,
and artistic-publicational contracts(.  Functional  spheres  of  their
circulation can be easily guessed from names of contract types in this
classification,  and  are  the  subject  of  economic,   rather   than
linguistic, study.
  Contracts may be differentiated by the subject of a deal. There are
export contracts for the sale of oil products, machinery tools, grain,
timber, the supply of goods, etc. Orders in  import  trade  deal  with
ordering and purchasing goods. They are often supported with requests,
remindings, verifications of different  terms,  guarantee  and  waving
inspection letters, and many others.
  Goods in international trade  are  transported  with  the  help  of
multimodal  (door-to-door)  shipment.  In   contracts   delivery   and
acceptance terms are marked with the  International  Commercial  Terms
(Incoterms) [10, P.16]. So, contracts can be classified in  accordance
with the way of  delivery.   Most  of  Incoterms  are  represented  as
  The usage of abbreviations, conventional symbols  and  contractions
is typical of all kinds of documents. Abbreviations are abundant,  and
there are special dictionaries to decode them. They serve as signs  of
the code supposed to be known only to the initiated [3, P.316].
  On the whole, there are 14 official Incoterms of deliverance.  They
  1. The point of deliverance. EX Works means that the sellers  only
     responsibility is to make the goods available at  his  premises.
     EX Ship means that the seller shall make the goods available  to
     the buyer on board the ship at  the  destination  named  in  the
     sales contract. EX Quay means that the seller  makes  the  goods
     available to the buyer on the quay at the destination  named  in
     the sales contract.
  2. The way of deliverance. FOB means Free on Board. The  goods  are
     placed on board a ship by the seller at a port of shipment named
     in the sales contract. FAS means Free Alongside Ship. That means
     that goods should be placed alongside the  ship  to  fulfil  the
     sellers obligations. FOR / FOT mean Free  on  Rail  /  Free  on
     Truck. Truck here relates to the railway wagons, and that  makes
     these abbreviations synonymous. FOB Airport is based on the same
     main principle as the ordinary FOB term. The seller fulfils  his
     obligations by delivering the goods to the air  carrier  at  the
     airport of departure.
  3. Payment terms. C & F means Cost and Fright. The seller must  pay
     the costs and fright necessary to bring the goods to  the  named
     destination, but the risk of loss or  damage  to  the  goods  is
     transferred from the seller to the buyer when the goods pass the
     ships rail in the port of shipment. CIF means  Cost,  Insurance
     and Fright. This term is basically the same as C &  F  but  with
     the addition that the seller has  to  procure  marine  insurance
     against the risk of loss or  damage  to  the  goods  during  the

  Thus, in Chapter 1 we have made an attempt to clarify some items of
the topic. They are the following:
  The nature of the English of documents writing is determined by its
stylistic realisation  in  written  English.  The  style  of  official
documents  possesses  its  own  features  which   are   reflected   in
standardised forms of different documents. They are  peculiarities  of
the vocabulary, grammar and syntactic  constructions,  which  are  the
subject of consideration in the practical part of this paper.
  The main problem of writing contracts is embodied in the notion  of
stylistic use. Formal style of business  English  is  rather  hard  to
obtain and to follow. It  remains mostly  in  written  form,  and  its
peculiarities should be strictly observed. Some  theoretical  problems
of  its  functioning  have  already  been  considered.   Nevertheless,
informal English influences it greatly, and even in routine papers  we
may find deviations from the accepted form.
  It can be explained by the fact that business is  made  by  people,
and not robots. A persons individuality,  as  well  as  emotions  and
feelings, more and more often peer into a cool and  logical  world  of
business, creating new problems and possibilities of business  English
functioning in texts of contracts and other documents.
  We have also defined contract as a typical  realisation  of  formal
business English which  possesses  the  same  stylistic  features  and
follows the same goals as other kinds of business correspondence.
  Contents of contract also have specific clauses,  and  they  ensure
division of contracts into certain types in  accordance  with  a  side
initiating a deal, a sphere of making a deal, types of goods and their
delivery terms. Very often a way of deliverance is  encoded  with  the
help of  special  abbreviations.  Contracts  also  possess  remarkable
linguistic features revealed in their texts, and they are the  subject
of Chapter 2.
Chapter 2. Linguistic peculiarities of contracts
2.1. Contract as a type of text and its stylistic characteristics
  From the linguistic point of  view,  a  contract  is  a  type  of  a
document, because any agreement is a completed  document  fixing  some
information. As  a  type  of  text,  contract  has  its  own  specific
characteristics. Stylistic peculiarities of all document texts are:
  1. concreteness, conciseness, clearness of the stated idea;
  2. high capacity of information;
  3. strict logic;
  4. clear rhythm of sentences;
  5. accenting on the main idea with the help of word repetitions;
  6. absence of connotational information;
  7. a special system of clichs and stamps;
  8. usage of abbreviations, conventional symbols and marks;
  9. usage of terms in their  direct  semantic  meaning;  preferential
     usage of monosemantic words;
 10. division of a  text  into  chapters,  paragraphs,  points,  often
     numbered (clear compositional structure of a document);
 11. usage of definite syntactic models;
 12. graphic decoration of a document: quality of paper, quantity  and
     quality of illustrations, size and kind of print.
  The main features of the style of contract are:
  1. steady system of linguistic means in the text of contract;
  2. lack of emotional colouring;
  3. decoding character of language;
  4. usage of a special symbolic system;
  5. definite syntactic structure (the 12 above-enumerated items).
  The style of contract defines some peculiarities and  techniques  of
its writing. Making contracts is different in some points from writing
business letters, such as an offer, an inquiry, a complaint, etc. Some
considerations important for business letters are  not  important  for
contracts, and v.v. The main difference is that any contract  is  made
up by two contracting parties  and  contains  information  about  many
subjects. So all points are to be approved by both parties. There  are
certain clearly definable requirements for how to write contracts.
  Generally, contracts should be formal,  complete,  clear,  concrete,
correct and concise.( In contracts all possible informational  details
are not suitable. So, while writing  contracts  we  must  observe  all
peculiarities  of  standard  English  grammar,  vocabulary   use   and
stylistic appropriation.  A  formal  contract  or  agreement  requires
considerations of neatness and attractive arrangement. Completeness of
any contract suggests the scope of all  significant  facts  that  have
reference to the issue of the agreement. Actually, you are expected to
explain what, how, and when you are going to deal with your partner.
  The next element, - clearness, -  is  one  of  the  most  important,
because much depends on it. Clearness could be reached by the  use  of
simple short words, phrases and paragraphs where the both parties of a
contract  explain  their  intentions  and  issues.  Clearness  of  any
arguments actually defines your striking a deal or not.
  The component which is closely connected with the  previous  one  is
concreteness. Concreteness of a contract or an agreement is a part and
a parcel of any legal document. Besides that, the longer the  document
is, the more attractive and vivid its contents should be.
  The next two components are also significant. They  are  correctness
and conciseness. Correctness involves proper grammar use (tense-aspect
forms  of  the  verb,  verbals,  articles,  etc.),   vocabulary   use,
punctuation and formal style. Grammar should be checked with a special
care, otherwise it may produce a poor impression of the  document  and
non-seriousness of your interests. Conciseness is usually achieved  by
the use of minimum words to express maximum of information.
  As it has been noted above, any contract should be simple and clear,
concise and brief. Commercial correspondence often suffers from an old-
fashioned, pompous style of English which complicates the message  and
gives the reader the feeling that he is reading a language he does not
understand. Though the language of contract is perhaps the most formal
among all kinds of business correspondence, and the vocabulary of such
correspondence is very specific, which is connected with its character
and a great number of legal terms, it should not be archaic. It should
be clear enough in its meaning.
  The style, however, should not  be  too  simple  as  it  may  become
discourteous and sound rude. Linguists (G.  Leech,  J.  Svartvik,  Ch.
Fries, O. Jespersen, M. Joos, I.V. Arnold, B.A. Ilyish,  E.M.  Gordon,
etc.) recommend  the  following  stylistic  devices  that  might  make
agreements and contracts more polite: complex  sentences  joined  with
conjunctions are preferable,  rather  than  short  sentences;  passive
constructions rather than active; full forms rather  than  abbreviated
forms, where necessary.
  The right tone should be neutral, devoid of a  pompous  language  on
one hand, and an informal or colloquial language on  the  other  hand.
Therefore, inappropriate vocabulary, idioms,  phrasal  verbs  are  not
allowed at all.
  The both contracting parties should not experience any  difficulties
in obtaining information, they should be able to  understand  what  is
written. Misunderstandings are caused by a lack of thought  and  care.
It  may  happen  if  we  use  a  lot  of  abbreviations,  figures  and
  Abbreviations are very useful, because they are very quick to  write
and easy to read. But the both parties are expected to know  what  the
abbreviations stand for. If one of  the  partners  is  not  absolutely
certain that the abbreviations are easily recognised he /  she  should
not use it.
  The symbol &, which means in English and, is used in some terms like
C&F (Cost and Fright), C&I (Cost and Insurance). But is marked as # in
contract texts. The symbol  is used instead of the  word  number.  In
American English the symbol # means number as well, but it is used  in
different tables and graphics, and not in the text. It is never  used,
however, to denote numbers of houses.
  Very often in contracts Latin abbreviations are  used,  for  example
e.g. (for example), et al. (and others), etc. (and so on), v.v. (quite
the opposite), i.e. (that means). Also they use English  abbreviations
ltd. (limited), Bros. (brothers), encl. (enclosed),  dols.  (dollars),
etc. [4, P.45  46].
  The use of figures  instead  of  words  for  sums  can  create  many
problems for people. To avoid any  possibility  of  confusion,  it  is
necessary to write sums in both figures and  words,  e.g.  $  9.897.44
(nine thousand, eight hundred  and  ninety-seven  dollars,  forty-four
cents).  It is also a norm to put only dollars (pounds, etc.) in words
and cents (pence, etc.) in figures only, e.g. $  100.50  (one  hundred
dollars and 50 cents). From the above-written it  is  clear  that  the
symbols  (pounds) and $ (dollars), in documents  in  particular,  are
put before the sum and their usage is not of any mistake.
  Spelling rules, punctuation and grammar use should  all  be  checked
over thoroughly. Still, there are some other ways in which  inaccuracy
may spoil the contract paper. A special attention should  be  paid  to
titles,  names,   addresses,   references,   prices,   specifications,
enclosures, etc., which are also of a great  importance  in  texts  of

2.2. Grammatical peculiarities of contracts
  On the whole, grammar of any contract may be characterised as rather
simple and formal. Simple here means lack  of  diversity  of  variants
which occurs in every document which is not legal. As for the  grammar
tenses which are used in  agreements,  the  most  widespread  are  the
Indefinite and the Perfect tenses, both  in  the  Active  and  Passive
Voices. In many points their usage is already part and parcel.
  e.g. Sellers have sold and Buyers have bought (Present Perfect)
      The Agents  shall  bear  all  transport  expenses  from  (Future
      Our firm informed the Suppliers that the general conditions  were
      not contained in the order. (Past Indefinite Active / Passive)
  Complex analytical forms of the verb, such  as  the  Continuous  and
Perfect Continuous Tenses, are absolutely not  used  in  no  way.  The
specific character of any contract provides rare  usage  of  the  past
  One of specific features of contract is usage of the verb shall  [5;
6; 14; 15]. Though it is not  used  in  Modern  English,  in  business
correspondence and documents it keeps being used.
  e.g. The  result  shall  be  considered.  =  The  result  is  to  be
       considered / will be considered.
  Buyers can pay for the goods from the first person or from the third
one, both in the plural and singular number.
  e.g.  Each  party  shall  have  the  right  to  refuse  any  further
       fulfilment of the obligations. (3d person, sing)
       The Buyers shall obtain the import licence. (3d person, pl.)
       We shall have the right to assign to you (1st person, pl.)
  The combination of the verb should and the infinitive also  shows  a
future  action,  but  with  a  less  degree   of   probability.   This
construction usually occurs in subordinate clauses.
  e.g. if a delay in the delivery should exceed 3 months.
  In many cases shall and should are equal in meaning.
  e.g. if the actual cost to us shall / should increase.
  The peculiarity of contract  is  also  omitting  if  in  subordinate
clauses with should, and in this case should becomes the first element
in the sentence.
  e.g. We hope that you will send as enquires should you need.
      Should the above circumstances continue to be in force
      Should Buyers fail to open the letter of credit in time
  One of the most striking features of Business English is a wide  use
of verbals, and their study might be interesting for those  who  learn
and teach  English.  The  system  of  non-finite  forms  of  the  verb
comprises the infinitive, the -ing-form and  the  participles.  It  is
common knowledge that verbals are widely used in social  English,  but
they are often used in business and commercial correspondence as well.
The usage of verbals, however, is very specific and  presents  certain
  One of the most frequently used verbals in business letters  is  the
infinitive. It may serve as an adjunct to verbs, nouns and adjectives.
Accordingly, infinitive constructions are subdivided into  infinitives
as verb adjuncts, infinitives as  noun  adjuncts  and  infinitives  as
adjective adjuncts [3, P.58]. The most interesting and  important  for
the research is the first group, so we shall consider only it.
  There are six types of patterns in which the  infinitive  is  to  be
regarded as a verb adjunct:(
  1) an adjunct to an active verb;
  2) an adjunct to a passive verb
  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  function  of  the
  The groups of the infinitive as an adjunct to an  active  verb,  the
infinitive as an adjunct to a passive verb and  the  infinitive  as  a
complex  adjunct  to  an  active   verb   are   used   in   commercial
correspondence and in contracts in particular. The last three types of
the infinitive are very rarely  used  in  business  correspondence  or
might be used just occasionally.
  The infinitive as an adjunct to an active verb always follows a head-
verb.  In  business  correspondence  it  is  lexically  dependent  and
commonly found after the following verbs:  to  agree,  to  appear,  to
arrange, to continue, to decide, to expect, to fail, to  hesitate,  to
hope, to intend, to like, to manage, to need, to offer,  to  omit,  to
plan, to prefer, to prepare, to propose, to regret, to secure, to try,
to want, to wish.
  e.g. They have arranged to produce the equipment.
      We wont fail to provide full particulars as soon as possible.
      We propose to settle by bill of exchange at  60  days,  documents
      against acceptance.
      In the case the suppliers want to have any additional information
      you should contact us immediately.
  Generally in contracts and agreements the infinitive adjunct  to  an
active verb is a simple infinitive.  Sometimes,  however,  it  may  be
followed  by  the  perfect  infinitive,  indicating  an  action  which
precedes that one  of  the  predicate  verb.  As  for  the  continuous
infinitive in this function the analysis of contracts has proved  that
it is hardly ever used.
  e.g. Property in goods, to have passed to  Buyers  when  goods  have
      been put a board.
      You dont appear to have taken into  account  the  annual  summer
      works shut-down.
      The delivery of goods was to have taken place last month  and  we
      have been caused serious inconvenience through the delay.
      We expect to have been informed by Feb. 15th.
  It should also  be  noted  that  in  commercial  correspondence  the
subject of the infinitive adjunct is a person (e.g.  we,  they)  or  a
thing denoted by the subject of the sentence (e.g. our firm).
  e.g. We look forward to your early reply.
      The Suppliers inform the Buyers that there had been a fire.
      Our enquiries with your representative whom we asked
  The infinitive in business  correspondence  may  also  serve  as  an
adjunct to a passive verb. In this case it always  follows  its  head-
verb and is lexically restricted.  The  infinitive  in  this  function
follows the following verbs: to consider, to expect, to  instruct,  to
prepare, to repute, to require.
  e.g. The national Bank of Argentina has been instructed  to  open  a
      credit valid until 30 November.
      The  goods  are  considered  to  be  in   conformity   with   the
      The delivery date is understood to  be  the  date  on  which  the
      Suppliers apply to the Buyers Shipping Agents.
  The use of the infinitive adjunct to a passive verb is stylistically
restricted. It frequently occurs in newspapers, scientific  prose  and
business correspondence, but it  is  not  characteristic  of  literary
style, and in social English it is not common at all.
  The infinitive may serve as an adjunct to an active verb followed by
a noun or a pronoun which stands to the infinitive in the relation  of
a  subject.  The  combination  is  lexically  restricted,  because  in
business correspondence it may be found only after the definite  verbs
from the following list: to advise, to allow, to ask,  to  enable,  to
expert, to help, to prefer, to urge, to want, to wish.
  e.g. We would advise you to take an all-rich insurance policy.
      If the period of guarantee has not expired we  will  ask  you  to
      replace the machine by another one.
      Should the Buyers fail to keep this rate of unloading
      We agree to accept this shipment on condition that you
   The complex infinitive adjunct to an active verb is not  restricted
stylistically and is  in  extensive  use  in  scientific  and  fiction
literature and also in commercial and business correspondence.
  The Indefinite Infinitive occurs in contracts in the function of the
predicate, expressing obligation and a future action.
  e.g. Delivery to commence in six to eight months and to be completed
       in twelve to sixteen months (to commence = will commence).
       Date of shipment to be determined by date of Bill of Lading  (to
       be determined = will be determined).
It is allowed only in texts of contracts and other business documents.
  Each contract also has constructions with participles.
  e.g. The letter of credit is to be  valid  for  90  days,  all  bank
      charges being at the expense of the Buyers.
  Here is a construction with Participle I where it refers to the noun
in the General Case, which goes  before  the  participle.  It  is  not
common in speech, but it occurs in contracts.
  Constructions with the Perfect  Participle,  however,  are  rare  in
contracts and show an action prior to another  one  expressed  by  the
  e.g. We have included in our claim only the  cost  of  material  and
      labour, all other expenses connected with the repair  not  having
      been taken into consideration.
  Some participles which have no explanatory words  in  contracts  can
either precede or follow a noun. Mostly they  are  constructions  with
Participle II:
  e.g. the required specification vs. specification required;
       the enclosed letter vs. the letter enclosed.
  The Past  Participle  Passive  always  follows  a  noun  if  it  has
explanatory words.
  e.g. a telegram received from London;
       the cheque attached to the letter.
  If a participle shows only an action which is made upon the subject,
it follows a noun.
  e.g. The sellers are to inform us  of  the  quantity  of  the  goods
      Buyers are to accept or pay for the quantity shipped.
  The participle showing the quality, if there is  one,  precedes  the
  e.g. illustrated catalogue; damaged goods;
      within six weeks of the stipulated time of shipment.
  The definite article the in contract has its own peculiarities.
  In every contract there are Buyers and Sellers and these  words  can
be used either with the definite article or without it.  Nevertheless,
they are always capitalised: Buyers, Sellers.
  e.g. This contract is made between  Rossexport,  hereinafter  called
      and India Electric  Company,  hereinafter  referred  to  as  the
  Although in Russian it is always singular,  in  English  it  can  be
either singular or plural. That is why all variants are possible:  the
Buyers  the Sellers; the Buyer  the Seller; Buyer  Seller. The most
common is the first variant though the others are also possible.
  e.g. Should the Seller fail to notify the Buyer of a contingency
      If, however, they  are  to  be  shipped  to  Buyer  who  lives  a
      considerable  distance away (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 also used with ships.
  e.g. The S.S. Svir is to arrive on July, the 5th.
  Also the definite article is rarely used after prepositions  of  the
Latin origin 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 never used with nouns which are followed  by
a number in sizes, codes, etc.:
  e.g. under Contract  25; Order  1015; our account No. 100/1066;
       under paragraph 9 of your General Conditions of the order;
      in accordance with clause 6 of the agreement.
  From the above-written we can conclude that contract  has  its  own
grammatical and stylistic peculiarities which have much in common with
the ones of business correspondence. However, they are  unique  enough
to consider contract a specific type of business correspondence.

2.3. Lexical peculiarities of contracts
  From the  lexicological  point  of  view  contracts  are  of  great
interest. The lexicon of contract has its own specific features. First
of all, it is rather stable. As a rule, words have  their  only  exact
meaning. There are no words  which  are  emotionally  coloured.  As  a
result  of  it,  we  can  point  out  the  words,  which  are  present
practically in every contract. They are the following.
  Whereas expresses every mans idea of how a  contract  begins.  One
must be careful about mixing up  recitals  of  history  with  what  is
actually being agreed on. It would be  wrong  to  write  *Where  as  A
admits owing B $ 1000, because the  admission  may  later  haunt  one.
Rather less damage would be  caused  by  using  of  the  proper  word.
Whereas means that the parties  have  been  engaged  in  a  series  of
transactions resulting in a dispute over accounting between them.
  e.g. The  surplus  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
  The  usage  of  compound  words  with  adverbs  here  /  there  and
prepositions is also typical of written formal style of English. Their
meaning is made up from meaning  of  their  components.  There  is  no
principal difference, though,  between  meanings  of  here-  /  there-
  e.g.  If  shipment  of  the  whole  or  part  is  thereby  rendered
      impossible (thereby = by it; by that means; in that connection)
      We are sending you herewith statement of your account. (herewith
      = with it / that)
      All expenses connected therewith being  born  by  (therewith  =
      with it)
      The examination of the goods and objection thereto  (thereto  =
      to it)
      Subject to General Conditions on Sale endorsed hereon (hereon =
      on this document)
      The goods to be shipped as soon thereafter as  suitable  tonnage
      obtainable. (thereafter = from that time)
      The Sellers shall not be responsible for any damage resulting to
      the Buyers therefrom. (therefrom = from it / them)
  Hereinafter is a very useful  word,  doing  the  job  of  the  six,
referred to later  in  a  document.  Hereinafter  frequently  sets  up
abbreviated names for the contracting parties.
  e.g.  Knightsbridge  International  Drapes,  Ltd.  hereinafter  the
      The wood goods hereinafter specified subject to a  variation  in
      Sellers option of 20 per cent.
  The aforesaid is a clich which is  more  preferable  in  texts  of
contracts instead of its less formal equivalents: the above-mentioned,
the above-written, as was written / said before, and the like.
  e.g. The aforesaid documents should contain references
      The aforesaid guarantee shall end for the following vehicles
  It is understood and agreed. On one hand it usually  adds  nothing,
because every clause in  the  contract  is  figurally  understood  and
agreed. On the other hand, it  adds  an  implication  that  the  other
clauses are not backed up by this phrase. By including one you exclude
the other.
  e.g. The prices in this contract are understood and agreed upon.
      The delivery date is understood and agreed to be the date
  Including without limitation. Usually people want to specify things
underscored in contracts, and this phrase indulges the prediction.
  e.g. You may assign any  and  all  your  rights  including  without
      limitation your exclusive British and Commonwealth Rights.
  Assignees  and  licensees.  These  are  important  words  on  which
acceptability depends from ones point of view.
  e.g. Knightsbridge, its assignees and licensees
This beginning suggests  that  Knightsbridge  may  hand  you  over  to
somebody else  after  contracts  are  signed.  If  you  happen  to  be
Knightsbridge, you will want those particular rights  and  should  use
the phrase.
  Without prejudice. The British  use  this  phrase  all  by  itself,
leaving the reader intrigued: without prejudice    to  what  exactly?
Americans use it more elaborately. Legal rights, for example, are  not
the same thing as remedies in the offers to enforce  them.  Thus  its
the American right to write:
  e.g. Without prejudice to any of my existing or  future  rights  or
      We have carefully examined the samples from this consignment and
      offer you, without prejudice, an allowance of 50 USA  cents  per
      50 kilos.
  As between us  it is a useful phrase  because  people  are  always
forgetting or neglecting to mention that a great many interests may be
involved in what appears to be a simple dialogue. A is  controlled  by
investors, and B  by a foreign parent company. Thats why it will  be
useful to say in such a situation as between us
  e.g. We confirm the exchange of telexes as between us follows
  Solely on condition that  its one of a few phrases  that  can  be
considered better than its short counterparts. One might ask: Why not
use just if instead of the phrase? If by itself opens  a  possibility
of open contingencies.
  e.g. If Baker delivers 1000 barrels I will buy them.
But it is unclear if you will buy them only from Baker. Therefore,  we
can use only if as a synonym. Sometimes it works out, but not  always.
In this case more than an elaborated phrase is justified.
  e.g. I will  buy  1000  barrels  solely  on  condition  that  Baker
delivers them.
The phrase makes the conditions of the deal clear.
  e.g. We can accept the goods solely on condition that you grant  us
      allowance ofper
  In contracts there are other prepositional  phrases  made  up  from
words. They are complex, and one must be  attentive  using  them.  The
prepositions also provided are the following: on conditions  that;  on
the understanding, etc.
  e.g. We agree to this only on the understanding that  the  rate  of
      freight does not exceed.
      Claims against the quality  of  vehicles  may  be  submitted  on
      conditions that the defects are found within 40 days.
Such prepositional phrases are practically equal in meaning.
  Subject to  a few contracts 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.
  e.g. Our agreement is subject to the laws of Connecticut.
      The wood goods hereinafter specified subject to a  variation  in
      Sellers option of 20 per cent
  But there is another meaning of the prepositional  phrase.  It  may
express some condition.
  e.g. We offer you, subject to your acceptance by cable,  1000  tons
of ore.
      The Sellers have sold and the Buyers have bought  on  the  terms
      and conditions set forth and subject to  General  Conditions  on
      Sale endorsed
  Exclusive  its important in contracts. English is  vast  and  its
usage creates difficulties in many cases. Exclusivity as a term  means
that somebody is bored from dealing with another one  in  a  specified
  In the lexicon of contracts there are many foreign words, first  of
all, Latin ones, such as pro rata and  pari  passu.  Pro  rata  proves
helpful when payments are to be in proportion refuting prior  formulas
in a contract.
  e.g. Demurrage is to be paid per day and pro rata for any  part  of
      the running day.
  Pari passu is used when several people are paid at the  same  level
or time out of a common fund.
  e.g. Fractions to be considered pari passu.
  Still there are such words as inferior / superior, they  are  often
used to describe the quality of goods.
  e.g. Should the natural weight  be  superior  or  the  contents  of
      foreign admixture inferior
      We had specially selected the goods which were superior  to  the
      samples in  every respect.
      Complaints and claims may  arise  in  connection  with  inferior
      quality of the goods, late delivery or non-delivery of goods.
  Ad hac is also a Latin word, not often used in contracts  nowadays.
It means now an arbitrary court for a concrete trial. Such Latin words
as ultima, proxima are now archaic and rarely used.
  e.g. If the excess is discovered only on arrival of  the  goods  at
      their ultima destination in the U.K.
  On the contrary, such a  Latin  adjective  as  extra,  which  means
additional, keeps being widely used in official English, and is  quite
common for the colloquial style.
  e.g. In order to  obtain  delivery  we  have  had  to  incur  extra
      expenses for which we hold you responsible.
      No extra payment is to be effected for any excess weight.
  Very few words are borrowed from French.  The  most  widespread  of
them are force majeure, which is an essential  clause  of  almost  any
contract and serves to describe some  unpredictable  events  that  may
happen to goods while being delivered or other reasons, and  amicably,
which means friendly.
  e.g. Very often the parties amicably agree upon a settlement of the
      claim in question.
      The Sellers and the Buyers shall take  all  measures  to  settle
      amicably any disputes.
  So, in contracts a person can come  across  a  definite  number  of
words and word combinations which make  up  lexical  peculiarities  of
their texts. They all are rather bookish and belong to formal style of
written English, not being used in informal English and rarely used in
spoken formal English.

  The research has allowed to reveal a specific character of contract
as a type of business correspondence. The first, and most important of
all, reason for considering contract business correspondence is formal
style of its language. It means that in texts of contracts we can find
a bright example of formal written English.
  Formal style of English has such main features  as  conventionality
of expression,  absence  of  emotiveness,  encoded  character  of  the
language and general syntactic mode of combining several ideas  within
one sentence. All that is revealed in texts of contracts through their
vocabulary, grammar and style.
  Stylistic peculiarities of business correspondence are based on the
following factors. The syntactic pattern of business documents is  one
long sentence which consists of separate numbered clauses  divided  by
commas and semicolons. Every clause is capitalised. That  is  done  to
show the equality of items of a document.
  Written business English goes impersonal style. It means there  are
no direct  addressees,  passive  constructions  are  used  instead  of
active, a great number of amount words, modal verbs  might  and  could
instead of can and may. This all is  done  for  a  document  to  sound
tentative and tactful.
  No connectors are used in business correspondence as they convey  a
little information. In formal style  whom is used instead of  who.  If
there is a need in prepositions, they go before  whom,  which  is  not
typical of informal style at all.
  Stylistic peculiarities of formal written English also imply  usage
of words in their primary logic  meaning  and  absence  of  contextual
meanings. Formal English is characterised by usage of  special  terms.
They all are precise in meaning and rather bookish. Among  them  there
are a lot of words of the Latin, Greek and French origin, replaced  in
spoken English by words of the Anglo-Saxon origin.
  These factors make up the standard of documents  writing.  Special
forms help to  focus  readers  attention  on  major  information  and
simplify process of making a deal.
  There are  the  following  theoretical  problems  in  studying  the
problem. First of all, there is a difficulty to draw  a  line  between
formal and informal English, as the  latter  influences  formal  style
greatly. Sentences in documents are too long and bookish  to  be  used
freely. Documents are devoid of personal  pronouns  I,  we,  you.  The
language of documents lacks force and vividness to keep strict to  the
point. Meanwhile, it is hard to keep  ones  attention  while  reading
them due to this trait.
  Contract is a type of a business document presenting  an  agreement
for the delivery of goods, services, etc., approved and signed by  the
Buyer and the Seller. Its aim  is  to  state  conditions  binding  two
parties in a deal and to reach agreement between them.
  Contract has a written standard form. It also  has  some  essential
clauses, such as contract number, subject  of  contract,  quality  and
price  of  goods,  delivery  terms,  packing  and  marking,  transport
conditions, arbitration, force majeure,  judicial  addressees  of  the
sides and their signatures. Some  articles  may  be  supplemented  and
altered. Every clause has its own specifics.
  Besides a contract form, there  are  other  forms  related  to  it:
Supplement to Contract,  Order  and  Order  Confirmation.  The  Master
Pattern as a basis for standardised forms of enquires  and  offers  is
used at pre-contract stages of a  deal.  Contract  is  supported  with
requests, remindings, verifications  of  different  terms,  guarantee,
waving inspection letters, etc.
  Contracts  differ  in  the  point  of  deliverance,  the   way   of
deliverance,  payment  terms.  Delivery  terms  are  marked  with  the
International  Commercial  Terms   (Incoterms),   which   are   mostly
abbreviated. Abbreviations serve as signs of the code of documents.
  Contracts can be  export  and  import  (orders).  Import  contracts
include harder conditions towards sellers than export ones. As textual
varieties  contracts  can  be  administrative-managerial,   financial-
economical,   advertising,    scientific-technical    and    artistic-
publicational by sphere of circulation. The subject of a deal  may  be
ordering and purchasing  of  oil  products,  machinery  tools,  grain,
timber, and whatever possible.
  As a type of a document, contract fixes some information. Stylistic
peculiarities of contract are concreteness, conciseness, clearness  of
the idea, high capacity of information, strict logic, clear rhythm  of
sentences,  word  repetitions  which  accent   the   main   idea,   no
connotations, cliches and stamps,  usage  of  monosemantic  words  and
words in their direct logical meaning, division of text into chapters,
paragraphs, points, presence of definite syntactic structure.
  The major difference of contract from other business papers is that
it is made up by two sides, and information in  them  is  approved  by
them both. All informational details are  not  suitable.  Contract  is
formal, complete, clear, concrete, correct and  concise.  It  is  also
neat and has an  attractive  arrangement.  The  tone  of  contract  is
neutral and devoid of both pompous and  informal  language.  It  means
there are no colloquial words and expressions, idioms, phrasal  verbs.
Abbreviations are not used  if  possible.  Full  forms  of  words  are
preferable. Sums are written both in figures and words.
  Grammatical peculiarities of  contact  are  characterised  by  high
usage of verbals. Its text is presented  mostly  with  infinitive  and
participial constructions. Among infinitive constructions are  singled
out those ones with the Simple / Indefinite and Perfect Infinitives as
adjuncts to active and passive  (only  in  newspapers  and  contracts)
verbs and the Simple Infinitives as complex adjuncts to active verbs.
  Participial constructions are of the following types. Participle  I
refers to a noun in the General Case which goes before the participle.
Perfect Participles are rare. Participle II either follows or precedes
a noun.
  As for the tense-aspect forms of the English verb,  the  Indefinite
and Perfect tenses, both in the Active and Passive  voices,  are  used
instead of analytical forms. The past tenses are rarely used.
  Shall and should are used with all  numbers and  persons.  Omitting
if in subordinate clauses is another feature of contract. The definite
article is used with ships, the words Buyers and Sellers.  It  is  not
used, though, after prepositions of the Latin origin per and ex,  with
nouns followed by a number in sizes, codes, etc.
  Lexical peculiarities of contract are the following. The lexicon of
contract is stable. All words are used in their exact  meaning.  There
is no emotional colouring of words. Practically in every contact there
are compounds with where-, here-, there- (whereas, thereby,  herewith,
thereto, etc.), hereinafter, the aforesaid, phrases: (its) understood
and agreed, including without  limitation,  assignees  and  licensees,
without prejudice,  as  between  us,  solely  on  condition  that,  on
conditions that, on understanding that, subject  to,  and  others.  In
contracts are used words of the Latin origin: pro  rata,  pari  passu,
inferior, superior, ultima, proxima, extra, and  French  words:  force
majeure, amicably.
  In such a way, all the formulated tasks have been  solved  and  the
purpose of the research has been reached. Linguistic peculiarities  of
contract, a kind of written business English,  have  been  studied  as
groups of stylistic, grammatical and lexical peculiarities.

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