Топик: Linguistic Pecularities Of Contracts in English
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.)
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 difficulties.
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 subject.
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.