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