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 clichйs 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
prepositions.
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 Ј (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
contracts.
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
Indefinite)
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
tenses.
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.)
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