Linguistic Pecularities Of Contracts in English
Рефераты >> Иностранные языки >> Linguistic Pecularities Of Contracts in English

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.

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 rhyth of sentences;

5. accenting on the main idea with the help of word repetitions;

6. absence of connotational information;

7. a special system of clichés 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.


Страница: