第一篇:英语(涉外工程英语)
英语(涉外工程英语)
专业定位:
本专业以“厚基础、宽口径、高素质、强能力、优个性”为育人原则,培养“精英语、懂工程、知商贸、善管理”的高级工程英语专门人才,努力将我校打造成全国涉外工程英语人才培养和科研中心及高层次涉外工程英语翻译理论与实践的人文社科基地,力争英语专业(涉外工程英语)综合实力处于同类院校英语专业的领先地位。涉外工程英语分设涉外土木工程英语、涉外船舶与海洋工程英语、涉外机电商贸英语三个方向。大学一、二年级统一开设英语专业技能课程,夯实英语基础;大学三年级分专业方向授课,同步开设专业方向课程和英语专业知识课程。
培养目标:
本专业培养适应高等学校英语专业建设需要,培养德、智、体、美全面发展,具有扎实的英语语言基础和广博的文化知识并能熟练地运用英语在外事、教育、经贸、文化、科技、涉外工程等部门从事外事、教学、翻译、管理、研究等工作的复合型英语人才。
核心课程:
基础英语、高级英语、英语阅读、英语听力、英语口语、英语写作、口译、语言学导论、英国文学、美国文学、英语国家概况、翻译理论与实践、英语学术论文写作、涉外土木工程英语方向课程(合同英语、道路工程英语、桥梁工程英语、港航工程英语、隧道及轨道工程英语、国际土木工程实务)、涉外船舶与海洋工程英语方向课程(船舶与海洋工程概论、轮机工程英语、船舶工程英语、船舶电气与通讯工程英语、海洋工程英语)、涉外机电商贸英语方向课程(商务英语、电气工程英语、机械工程英语、汽摩工程英语)。
就业服务方向及从事主要工作:
涉外土木工程英语:毕业生面向国家交通运输部等各级管理部门,各大型对外施工企业,各建筑科研设计院,高等院校及相关科研机构,主要从事土木工程合同的口笔译及文秘工作。
涉外船舶与海洋工程英语:毕业生面向涉外远洋运输企事业单位、海洋工程涉及院所、大型跨国港口施工企业,主要从事船舶、海洋工程合同的口笔译及管理工作。
涉外机电商贸英语:毕业生面向跨国制造企业、汽车摩托车开发营销企业、外国独资企业、涉外机电产品制造、市场营销、进出口业务管理等相关企事业单位,主要从事机电产品进出口贸易口笔译等工作。
第二篇:涉外经济合同常用英语
涉外经济合同常用词 port of delivery交货港 cash price现金价格
port of departure启运港 cost price成本价格
port of destination目的港 contract price合同价格
delivery advice到货通知单 Delivery price
place of delivery交货地点 交货价格 port of delivery交货港口 Delivered price
含运费价格 time of delivery交货时间 invoice price
发票价格 quality inspection质量检验 total price
总价unit price
抽样检验
sampling inspection 单价 wholesale price
批发价格 CIF(cost, insurance and freight)
到岸价格(成本,保险费加运费)CIF and C(cost, insurance, freight and commission)到岸价格,加佣金(成本,保险费,运费加佣金价)FOB(free on board)离岸价格,船上交货价格 FOB destination目的地交货价格 Payment at sight见票即付 Payment by cash现款支付 Payment by check支票付款 Payment by draft汇票付款 Payment by installments分期付款 Payment in advance提前付款,预付 Payment on delivery交货付款 Payment on demand见票即付 Packing list 装箱清单 HANDLE WITH CARE小心轻放 KEEP UPRIGHT切勿倒置 Acceptance certificate验证单,验收单 Certificate of delivery交货证书 certificate of manufacture制造证明书 certificate of origin产地证书,原产地证明书 certificate of quality品质证书 certificate of quality test质量检验证书 irrevocable credit不可撤消信用证 negotiation credit议付信用证 revocable credit可撤消信用证 sight letter of credit即期信用证 open a letter of credit开立信用证 original document 正本单据 shipping documents运转单据,货运单据 document for carriage运输单据 documents against payment付款交单 net weight净重 packed weight毛重 tare weight皮重 bill of lading提货单
clean bill of lading净洁提单 dirty bill of lading不净洁提单 bills of goods 货物清单
original bills of lading正式提单 delivery port交货单,到货港 discharging/unloading port卸货港 shipping port装运港 loading port装货港
inspection certificate检验证书 inspection certificate of origin产地检验证书 inspection certificate of quality品质检验证书 inspection certificate of quantity数量检验证书shipment/shipping advice装运通知书 advice of shortage短缺通知 delivery note提货单 tax and duty 税费 export duty
出口税 survey fees
检验费 customs duty关税 duty free免税 storage charges存储费 transport charge运输费 survey fees检验费 royalty提成费
lodge a claims提出索赔 budget audit预算审查 budget control预算控制 budget making预算编制 quality assurance质量保证
quality control质量控制 depreciation 折旧 depreciation of machinery机器折旧 discount and allowances折让 duration of service 设备使用年限 duty on value added增值税 fixed assets 固定资产,固定资金 foreign capital外资 foreign currency外币,国外通币 foreign exchange外汇 quick asset流动资产
quick capital流动资本 rate of depreciation折旧率 raw material原材料 revolving fund周转资金
第三篇:简洁的英语(涉外)专业求职信
本人所学的专业是英语(涉外),本科学历,学士学位;具备相对扎实的专业知识,口语较为流利,写作及翻译能力较强。
本人性格开朗,诚实守信,稳重大方;具有较强的协调能力和适应能力;能够吃苦耐劳,抗压能力较强;踏实肯学,能较快地掌握技能;拥有良好的人际关系,注重团队合作。本人相信自己符合贵公司的用人要求,并将不断提高自身水平,以更好地胜任岗位、出色完成工作任务。
感谢您在百忙之中阅读这封求职信,随信附上个人简历,期盼能早日与您面谈!
此致
敬礼!
某某某
20**年*月**日
简单的表明自己的情况,而且希望求职者在写求职信的时候,通过这一系列的范文,从中得到写求职信的问题,避免求职信的毛病,能够写到满意的求职信。
第四篇:简洁的英语(涉外)专业求职信
简洁的英语(涉外)专业求职信
下面是一份很简洁的英语专业个人求职信,最为最简单的求职信模板的一类,希望求职者能在里面得到溢出。但我们要清楚的是,这只是一个参考,求职信如果复制黏贴的话,受害的只是自己。
尊敬的人事经理:
您好!感谢您在百忙之中翻阅我的求职信!
本人所学的专业是英语(涉外),本科学历,学士学位;具备相对扎实的专业知识,口语较为流利,写作及翻译能力较强。
本人性格开朗,诚实守信,稳重大方;具有较强的协调能力和适应能力;能够吃苦耐劳,抗压能力较强;踏实肯学,能较快地掌握技能;拥有良好的人际关系,注重团队合作。本人相信自己符合贵公司的用人要求,并将不断提高自身水平,以更好地胜任岗位、出色完成工作任务。
感谢您在百忙之中阅读这封求职信,随信附上个人简历,期盼能早日与您面谈!
此致
敬礼!
某某某
XX年*月**日
简单的表明自己的情况,而且希望求职者在写求职信的时候,通过这一系列的范文,从中得到写求职信的问题,避免求职信的毛病,能够写到满意的求职信。
第五篇:涉外合同的英语语言特色
摘要
实务中有不少涉外经济合同纠纷是因各方对合同文字的理解不一而引起的,究其原因,主要是起草者对合同语言的特殊性缺乏应有的了解,结果导致合同语言的模糊性和不确定性。本文从词法、句法及应用等三个层面对英文经贸合同语言的特殊性及其变化规律进行探讨,以期能有助于对此类合同的阅读和起草。
关键词:涉外合同;语言特征;阅读和起草
中国最大的论文知识平台www.xiexiebang.com
ABSTRACT In practice, the occurrence of inconsistency in interpretation of the contract English has resulted in a good few cases of disputes.In essence, it is largely due to the draftsman's failure to have a deep-in understanding of the underlying features of the contract language, which might lead to the ambiguities and uncertainties of the contract wording.This paper tries to analyze the linguistic features of English business contracts at the morphological, syntactical and discourse levels respectively with a view to rendering a help in the reading and drafting the contracts.Keywords:contract English;language features;reading anddrafting
中国最大的论文知识平台www.xiexiebang.com
Contents 1.Introduction......................................................................................................................1 2.Literature review..............................................................................................................2 2.1 Study of contract..............................................................................................................2 2.2 Study of legal English......................................................................................................3 2.3 Study of contract English.................................................................................................3 2.4 The study of the stylistic features of contract English in China......................................4 3.The language features of contract English.....................................................................6 3.1 The lexical features..........................................................................................................6 3.1.1 Formal words................................................................................................................6 3.1.2 Archaic Words...............................................................................................................7 3.1.3 Synonyms......................................................................................................................8 3.1.4 Abbreviations................................................................................................................8 3.2 The syntax features..........................................................................................................9 3.2.1 Active voice...................................................................................................................9 3.2.2 Present tense................................................................................................................10 3.2.3 Shall+verb...................................................................................................................10 3.3 The sentential features....................................................................................................11 3.3.1 Declarative sentences..................................................................................................11 3.3.2 Long sentences............................................................................................................12 3.3.3 Conditional clauses.....................................................................................................13 4.Implications....................................................................................................................15 4.1 Implication for reading contract English.......................................................................15 4.2 Implication for drafting contract....................................................................................16 5.Conclusion.......................................................................................................................17 Acknowledgements.............................................................................错误!未定义书签。References...........................................................................................................................18
中国最大的论文知识平台www.xiexiebang.com
1.Introduction
Language is much more than merely a means of communication.It is also a way of signaling, consciously or unconsciously, that we come from a particular area, or belong to a certain social group.[1]51 Every field of expertise develops its own language features.[2]36 The language of English used in contracts, or contract English, is an important branch of legal English.Legal English means the language of the law of England, America, and some other countries whose official language is English.These common law system countries have a history about several hundred years to express law in English.Legal English is a type of legal language with overlap of linguistics and the science of law.[3]6
With China's carrying out the policy to promote reform and opening to the outside world, the establishment of market economy, the rapid development of our communication with foreign countries and China's entry to the WTO, there are more and more opportunities for us to communicate with those countries whose official language is English.When communicating with individuals, legal persons or other organizations from the English speaking countries, we often need to sign English contracts with them.Contract plays an important role in international economic and trade activities, as all achievements thereof will be finally embodied in it.How to correctly draft and understand contract language is of great importance to individuals and business organizations.There are a few books and papers dedicated to general principles of stylistic features of English for law, but none addresses questions of contract English in sufficient detail to be of significant practical use to the English contract learners in China.My dissertation attempts to present a comparatively detailed analysis of stylistic features of contract English with the expectation to better help contract learners or businessmen understand and draft English contract.中国最大的论文知识平台www.xiexiebang.com
2.Literature review 2.1 Study of contract
Contract English, like English as a whole, is not static.It has undergone and is still undergoing enormous changes.The definition of contracts given by Karla C.Shippey[4]155: A Commercial Contract, in simplest terms, is merely an agreement made by two or more parties for the purpose of transacting business.In the eye of scholars the word contract is used in common speech, which simply refers to a writing containing terms on which the parties have agreed.Contract is often used in a more technical sense to mean “a promise, or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes a duty.” Put quite simply, a contract is an agreement which the courts will enforce.[5]5
A contract, in the simplest definition, is a promise enforceable by law.The promise may be to do something or to refrain from doing something.The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting.If one of the parties fails to keep the promise, the other is entitled to legal recourse against him.The law of contracts has to do with such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party.[6]6 Many contracts use the word agreement in the title.In some contexts the two words, contract and agreement, are synonyms and can be used interchangeably.While contract and agreement may both be used to mean a formal and legally enforceable arrangement, agreement may also refer to an informal arrangement not supported by consideration, such as an agreement between friends to play tennis on Saturday morning.So an agreement is really the main ingredient of a contract.But it is not every agreement that becomes a contract.To be a contract, that agreement must be enforceable in taw.中国最大的论文知识平台www.xiexiebang.com
2.2 Study of legal English
When we move into the domain of legal English, we must consider another continuum, the so-called general English.What precisely is general English is difficult to define.The concept is often left unspecified and regarded as an implicit norm, apparently based on intuitive knowledge of what is common use.[7]12 Special English, of which legal English is one example, is often understood as being in some significant respects deviant from general English.That's to say, legal English is based on the general English with its own stylistic features.More recently, some linguists have begun to analyze certain language varieties in terms of sublanguages.One definition of this term is a “language used in a body of texts dealing with a circumscribed subject area in which the authors of the documents share a common vocabulary and common habits of word usage,The term carries with it the idea that the sublanguage is a subset, or part, of the language as a whole.Some characteristics that have been attributed to sublanguages include: they have a limited subject matter;(2)they contain lexical, syntactic, and semantic restrictions;(3)they allow ”deviant“ rules of grammar that are not acceptable in the standard language;and(4)certain constructions are unusually frequent.[1]142-143 Most of these features seem to apply to legal English so we can also say that legal English is a sublanguage of English.2.3 Study of contract English
Generally speaking, contract English is an important branch of legal English, which is the language of the contract of England, America, and some other countries whose official language is English.Since English is universally accepted as a commercial language, it is a usual practice in our foreign trade to conclude contracts in both English and Chinese languages;that is first to draft a contract in one language and then to render it into the other.There are a number of worthwhile guides to forensic linguistics in general, given their broad scope they are of great help to the English contract learners.Lord Mansfield[8]3, one of the most famous English judges, once observed that ”most of the
中国最大的论文知识平台www.xiexiebang.com
disputes in the world arise from words“.He told us the significance of language.If one can command contract English quite well, it may be easier for him to read the English contract.It is highly possible that he could study and understand English contracts better than those who know little about contract English.A contract refers to an agreement establishing, modifying and terminating the civil rights and obligations between subjects of equal footing.The language for contract is different from that for basic English or literature.In the Five Clocks, the American linguist Martin Joos[9]36 advances the five stylistic varieties in English: the Frozen Style, the Formal Style, the Consultative Style, the Casual Style and the Intimate Style.The style of Contract English can be considered as the first one, which is the Frozen Style because the language habits of the profession cause lawyers(contract drafters)to frequently choose one means of expression over other possibilities.There are a few books and papers dedicated to general principles of stylistic features of English for law, such as the field's main journal, Forensic Linguistics[8], books as Investigating English Style written by David Crystal[10] , The Elements of Legal Style written by Bryan, A.Garner[11], so on and so forth.2.4 The study of the stylistic features of contract English in China
For many years, the study of the stylistic features of contract English is limited.In our country, there are few books or articles talking about the language of contract.However,with China's carrying out the policy to promote reform and opening to the outside world and China's entry the WTO, there are more and more opportunities for us to communicate with those countries whose official language is English.When communicating with people or other organizations from the English speaking countries, we often need to sign English contracts with them.English contracts are becoming more and more important in our daily life.And people began to do more study on contract English.The language of contracts is not easy to understand.Wu Weiping [12] points out, “Most people know it difficult reading legal documents(in a narrow sense).In fact non-legal documents like contracts, trade brands are also difficult to read.” Due to the importance of contracts and difficulty of contractual language, more and more people have been turning their attention to them.Many school students, especially those majoring in business English are learning English of contracts and at the same time many scholars take profound interest in the study it.Many books and articles are
中国最大的论文知识平台www.xiexiebang.com
published and provide assistance in students’ learning of the variety of English.Chen Jingying[13] describes the syntax features of the contract English.Hu Genshen[14] points out that many Latinate words are adopted in every possible case to replace synonyms of ordinary English to display formality and preciseness.Besides, Liao Yin[6] says that in business contracts, complicated prepositional phrases are often used insteadof ordinary ones.For example, the participants in the joint ventures shall commence discussion with regard to the extension of the period of existence of the venture and in the event of their agreeing upon such extension, they shall record such agreement in a written document signed by all of them not later than three years prior to the expiry of the current period.According to Fu Weiliang[15],long sentences in English business contracts can define the rights and obligations of the concerned parties in an exact way, thus avoiding any possible misunderstanding and ambiguity.中国最大的论文知识平台www.xiexiebang.com
3.The language features of contract English English is now established as the leading international language.Legal English, as everybody knows, is playing a significant part in our Chinese people's life.With the development of the technology and economy and with the deepening of the policy of opening door to the outside world, frequent foreign exchanges and business transactions are increasing day by day between China and foreign countries.Inter-personal and inter-entity relations involved have to be defined and bound by contracts.In the business field, the staff concerned is required to execute the contract to cooperate with the foreign transactions.Thus, we can succeed in building our country into a prosperous one.One of the keys to the better command of contract is to acquire a deep and comprehensive realization of its stylistic features.Based on studies done by home and abroad researchers, the following part is trying to present a relatively comprehensive analyisis on the stylistic features of contract English.3.1 The lexical features
The goal of contract English is not the beautiful language, but the precise logic and professional statements, as well as clearly and rational thinking.The lexicon of contract English contracts is characterized by precision, formality and clarity.This part, based on the analysis of typical examples, attempts to explore English contracts from the aspects of formal words, archaic words, synonyms and abbreviations.3.1.1 Formal words
Formal words also called as literary words or learned words, mainly appearing in formal writings, such as theoretical works, formal addresses and legal documents.Compared with general English, contract English is very formal.There are a lot of formal words, which are rarely used in general English, but used in contract.Here we list just a small sampling:
中国最大的论文知识平台www.xiexiebang.com
Formal Words
Informal Words Purchase
Buy Modify/alter
Change Terminate
End Proceed
Go Render
Make Commence
Start/begin Approximately
About Demonstrate
Show Notify
Tell
[16]322
In the following three sentences, commence, terminate, at the commence of, upon the completion of, with regard to, in the event of, prior to mean respectively: begin, end, at the beginning of, at the end of, about, in case of, before.The former words are more formal than the latter ones, which make the contract sound formal.(1)The Agreement shall commence on this day and automatically terminate upon the bankruptcy or insolvency of either of the parties hereto.(2)Party A shall pay to Party B forty per cent of the total price for work, i.e., two hundred and eighty thousand(280,000.00)U.S.dollars only at the commence of construction work of Party A's plant;and sixty per cent of the total price for work, i.e., four hundred and twenty thousand(420,000.00)U.S dollars only upon the completion of the work.(3)The participants in the Joint Venture shall commence discussion with regard to the extension of the period of existence of the Venture and in the event of their agreeing upon such extension, they shall record such agreement in written document signed by, all of them not later than three years prior to the expiry of the current Period.3.1.2 Archaic Words
Contract English has long been featured by a prominent archaic trait: words composed by ”here“, ”there“ and ”where“ followed by one or several propositions.In these words, ”here“ means ”this“, ”there“ equals ”that“, while ”where“ refers to ”what“ or ”which“.For example: Archaic words
Modern meaning
中国最大的论文知识平台www.xiexiebang.com
Hereafter
After this Hereby
By means of this/By that means Hereof
Of this Hereinafter
Later in this contract Thereafter
After that Thereinafter
In that part of contract Whereof
Of which Whereby
By what;by which[16]365-366 Look at the following sentence: The parties to the contract shall, in accordance with the principle of good faith, execute the rights and perform the obligations hereof.[17]42.The contract is not defensible and is in danger of leaks without ”hereof “.The word ”hereof “leads to economy of expression since it replaces the longer phrase ”of the contract“ in the example to modify and limit ”rights and obligations“.3.1.3 Synonyms
Using synonyms in legal English occurs very often.The purpose of this kind of use is not only to respect the tradition, but also to seek exactitude and completion of meaning.As it has been mentioned by many linguists, legal English adheres much to tradition.There are many more such synonymous pairs: terms and conditions, settle claims and debts, import duty and tax, customs and usages, missing and disappeared person, willful and malicious injury, elderly and aged, able covenants, libel and slander, goods and chattels, etc.For examples:(1)They declared the contract null and void.(2)The packing and wrapping expenses shall be borne by the buyer.3.1.4 Abbreviations
When draftsmen draft contract, they use lots of abbreviations in order to make full use of simple, quick and efficient method to rush at the commerce opportunity.Therefore, the use of abbreviations is becoming wilder and wilder and the scope is
中国最大的论文知识平台www.xiexiebang.com
larger and larger.We can find abbreviations in everywhere such as politics, economy, trade, law, transportation, insurance for the sake of expressing more conveniently.Generally speaking, abbreviations are capitalized.In drafting contract, abbreviations prove to be helpful for spelling but at the same time cause the trouble in understanding.Abbreviations are typical features of business contract.In our samples, we have many:(1)The price shall be based on CIF basis.(CIF= Cost, Insurance, Freight)(2)In case by M/T or T/T.(M/T=metric ton)(T/T= telegraphic transfer)(3)On FOB-basis.(FOB= free on board)(4)W.P.A.(WRA= with particular average)(5)L/C.(L/C= letter of credit)
3.2 The syntax features 3.2.1 Active voice We can easily find that active voice is the dominance in foreign contract.In foreign contract, active voice is a very striking feature.Because contract is an agreement, enforceable by law between two or more people or groups.Foreign contract also serves to concentrate the minds of the parties in deciding a number of important things, such as who bears a particular risk, who should insure against that risk, who should perform some tasks and who should do other tasks, and so on.[16]235 It is required that the language has logical clarity and precise reasoning so as to be understood by the public.In order to achieve the conciseness, the business contract is generally expressed in a straightful way with lots of active voice.Active voice involves the speakers as 'private person' with their own thoughts, feelings and experiences, and not as 'public persons'.Active voice denotes the sense of unaffectedness, unequivocality, directness and powerfulness.For examples:(1)The sellers shall send together with the shipment one copy each of the above-mentioned documents.(2)Sellers agree to sell the undenmentioned goods on terms and conditions stipulated Below.(3)Whereas Party A agrees to sell to Party B products.(4)The ”effective date“ as used herein shall mean the date determined under Article 10
中国最大的论文知识平台www.xiexiebang.com
hereof.Compared with the active voice, passive voice is not used as frequently as active voice.Passive voice is primarily non-personal or factual, it doesn't involve the speakers as 'private persons'.The emphasis is on the facts and events and not on the speaker's involvement in them.3.2.2 Present tense
In English, there are only two tenses: simple past and simple present.We commonly assume that the tense of a verb tells us when the action it refers to takes, took, or will take place.Present-tense implies a lack of distance between the narrator and the events.It is not true that the English present tense exclusively, even refers to events which are actually happening at the time of speaking or writing.The simple present tense is the most predominant tense of the 12 traditional verb tenses in business contract.This tense is used frequently in contract drafting.It is noticeable that the simple present tense is mainly utilized to denote the concept of ”timeless“ and ”generalizations“.[18]56 General statements suit for any particular time frame.In business contract, the present tense indicates that the law is always speaking.Many examples can be found in the samples:(1)The sellers shall present the following documents to the paying bank for negotiation.(2)Party B guarantees that the machines and equipment are unused.(3)Party B desires to obtain such technical data.(4)The terms and conditions of this contract are breached by either party.3.2.3 Shall+verb
The word, shall, typically expresses the future.Traditionally, it is used only in the first person(I shall and we shall).A contract is a legal document that defines the rights and liabilities of the parties concerned.”Shall“ confers a duty to do an affirmative act.It implies a type of legal right or duty rather than the future tense or the modal meaning of volition.[19]22
Commonly, the modal ”shall+verb“ is used to express obligations, which serves to detail the obligations of one or more parties to a contract.In Chinese, 应该or 得is
中国最大的论文知识平台www.xiexiebang.com
often used in defining the rights and liabilities,while in English ”shall+verb“ is often used.Of course there are other words such as should or will also have a similar meaning.However, shall is more compulsive and emphasized and means a legal liability.If one fails to fulfill something, it will result in a legal enforcement and remedy.Business contract tends to use the structure ”shall+verb“ more frequently.Like the following examples: 1)The persons employed Party A shall be responsible to the Manager of Party A.甲方雇佣的一切人员都必须向甲方的经理负责。
2)Party A shall, at most favorable prices, supply Party B with spare parts of the leased equipment.甲方应以最优惠的价格向乙方供应所租设备的备件。
3)This Contract shall become effective upon and from the date on which it is signed.本合同签字之日起开始生效。
4)The Seller shall have the right to increase the price of the goods specified in this contract at any time.卖方有权随时提高本合同的货物价格。
3.3 The sentential features 3.3.1 Declarative sentences
In terms of function, all sentences can be divided into four groups :(a)Declarative sentences: to make a statement, to state a factual event.(b)Interrogative sentences: to ask a question.(c)Imperative sentences: to give commands or instructions.(d)Exclamatory sentences: to show strong feelings towards something.[20]56
As we know, contract relates to agreements or promises it should be objective and show no personal emotions.Thus declarative sentences are used to make statements, give explanation and make judgments.They make up the most part of the total.In English contracts there is no necessity for inquiry, therefore interrogative and imperative sentences are seldom found.For examples:(1)This Agreement is made and entered into by and between ABC Co.and XYZ Co..(2)The L/C shall be valid until the 15th day after the shipment.中国最大的论文知识平台www.xiexiebang.com
(3)The Seller shall deliver the goods before July 31,1997.(4)The period of Lease is two years beginning from the date the Lessee accepts the
equipment on examination.3.3.2 Long sentences
Long sentences with complex structures can express complicated opinions.A mild variation in sentence length shows the writer's emotional state of mind and his objective way of narrating.[20] In contract, sentences trend to be extremely long.When people reading a contract, it's not easy for them to find many short sentences.There are two advantages to use long sentences in contract: First, the long sentences can make the contract more formal and logical.Second, long sentences with some adverbial or attributive clauses can be used to define the rights and obligations of the Parties.Therefore, a large number of information has been compressed into a single sentence, which accounts for its length and grammatical complexity.Look at the following sentence: In case that one or both parties are impossible to perform the duties provided herein on account of force majeure, the party(or Parties)in contingency shall inform the other party(or each other)of the case immediately and may, provided the case is duly verified by the competent-authorities, delay in performance of or not perform the relevant duties hereunder and may be partially or entirely exempted from the liability for breach of this agreement.[1]57
This sentence has 76 words, accounting for its length and grammatical complexity,it express a huge amount of information.At the very beginning, it is an adverbial clause introduced by in case that.The predicate of the principal clause is composed of three coordinate parts: shall inform...,and may...delay...or not perform…and may be...exempted from....In the adverbial clause, the past participle phrase provided herein is the attribute used to modify the duties.In the clause, the prepositional phrase on account of force majeure is used to express the cause.In addition, the second predicate followed by a conditional clause introduced by provided.All that is mentioned above proves that the long, complex sentence can express complicated meaning logically.[1]57-58
In contract, there are also short sentences which can express the idea precisely and clearly.So the combination of long and short sentences makes the language of
中国最大的论文知识平台www.xiexiebang.com
contract vivid and full of change.3.3.3 Conditional clauses
Contracts are written documents indicating the agreement between the parties on their rights and obligations.Usually, there are various conditions when carry out these rights and obligations.Only these conditions are met can the rights and obligations be carried out.So many conditional clauses are used in contracts.There are usually four kinds of conditional clauses:(a)Condition of supposition: This type of clauses usually led by ”if“, ”should“, ”in case/in case of', “in the event of/that” to expressthe supposed conditions on which each party to the contract can enjoy the rights or should perform the obligations.The emphasis here for these kinds of sentences is on the main clause.If any products or any part of the products is not in compliance with the standards of quality as the result of the inspection, the Manufacturer shall supply the buyer free of charge with replacement for all parts not complying with the standards of quality.[16]394
经检验,发现产品的任何部分的质量不合格,制造商必须免费更换所有质货物。
(b)Condition of prerequisite: This type of conditional clauses is usually led by “provided(that)” to indicate a kind of possibility.When translating such clauses into Chinese version, “provided(that)” is usually translated into “如果.........”.They express the specific condition whose existence is a precondition on which each party to a contract may carry out some activity.Thus the emphasis for these kinds of sentences is on the subordinate clauses which are more important.Looking the following sentence:
The Seller, provided that Buyer so agrees, may retain the whole or part of the said incomplete equipment, fabricated or unfabricated parts, work in process, and other material referred to in paragraph(D)of this Article the amount to be paid by the Buyer shall be reduced by a sum equal to the value of the property so retained.[16]403
如果买方同意,卖方可以部分或全部地保留上述未完成的设备、已加工好或未加工好的零件以及正在进行的工作和本条(D)款所述的其他材料,这将因此使买方少支付这部分货物的费用。
中国最大的论文知识平台www.xiexiebang.com
(c)Condition of exception: This type of conditional clauses are usually led by “except”, “with the exception that”, “in the absence of” and “unless”.They express that one party to a contract can be free from the restriction of some articles or clauses of the contract under some special conditions.From pragmatic viewpoint, such conditional clauses usually can complement the provisions and imply disjunctive meaning.Except for reason of force majure, the plant shall operate for more than 10 days in a month.[16]412
除因人力不可抗拒之原因外,工厂每月开工应多于10天。
(d)Condition of fact: clauses of this type are usually led by whereas, in consideration of and subject to to express some conditions that already exist.中国最大的论文知识平台www.xiexiebang.com
4.Implications
4.1 Implication for reading contract English
When reading the English contracts, many people feel that it is very difficult for them to understand completely.If they can know something about the language features of contract English, the following difficulties can be overcome.(1)Difficulty in reading the long English contract
Compared with Chinese contract, English contract is longer.English speaking countries are common law countries.In these countries the statutory laws are not as many as in China.In order to avoid the disputes or have the disputes satisfactorily solved in future, the rights and obligations of Parties are written in much greater detail in contract in common law countries than those in China, which makes the contract very long.The following two points can help people overcome the difficulty in reading long English contract:(i)To divide the contract into parts
When a long contract is divided into small parts, which will be comparatively easy to read and understand.As a complete and valid contract, in general, there are three components: the head, the body, and the tail.When we read a contract, it's very important for us to recognize the head and the tail because the body of the contract is located between the head and the tail, and the head and the tail of a contract, with their obvious characteristics, are very easy to find.(ii)To read the body of the contract clause by clause.The body of a contract is broken into sections, each of which may in turn consist of one or more subsection.Furthermore, one can subdivide the text of any section or
中国最大的论文知识平台www.xiexiebang.com
subsection into “enumerated clauses.” Subdividing the body of a contract, taking the form of sentences as clause, makes it neat, much easier to read.In this way, we can read the contract step by step.(2)Difficulty in reading the long and complex sentences
The sentences in an English contract are very long and complex, some of which are written in several lines even several pages.To deal with this problem, there is no way out, just to analyze the components of the sentence patiently, to know the functions of different components, and to find where the principal clause is, where the subordinate clause is and what kind of subordinate clause it is, etc.(3)Difficulty in interpreting the archaic words
There are a great number of archaic words in contract.These archaic words, such as whereas, hereby, thereto, in witness whereof are very difficult to interpret even after we look them up in the dictionary.When we see this kind of words in contract, we should know that the use of these archaic words can avoid the repetition of something which has been mentioned above or before and makes the description more precisely.The detail information can refer to 3.1.2 of the thesis.4.2 Implication for drafting contract
In Davidson's book Precedents and Forms in Conveyancing, [21]70 he lists five principles in drafting contract.The forth one is “The ordinary and accustomed forms of documents and technical language should be used”.And “Legal language should be precise and accurate.Every phrase should have a clear meaning and all the phrases should be so connected as not to give rise to ambiguity.Aim at accuracy.Omit superfluous phrases.Give correct references and adhere strictly to the rules of grammar as by the use of apt words.” is the fifth one.[22]129-130
In Contract Law, Tay Swee Kian and Tang See Chim mentioned the two problems should be solved in drafting contract:
One is the use of long uncommon words or long sentences in contract.The other is the use of too many archaic words.They say, “Such archaic word or expressions as whereby,hereinafter that are not customarily used in everyday life should be replaced by words in current use.It is not wise to have too many of them.” [22]129-130
From my point of view, the long sentences, archaic words and technical terms are the features of contract English, without them the contract English is not different
中国最大的论文知识平台www.xiexiebang.com
from the general English.Short sentences cannot always be used in legal documents because technical legal expressions may sometimes have to be used in preference to short sentences and the archaic words, if carefully but not superfluously used, can be an aid to exact expression.5.Conclusion
The language of legal English is generally complicated and technical, and, therefore, difficult for the people to understand.Contracts have no exception.The idea of making legal language easier to read and understand is not new.The lexicon features of business contracts can be summarized as adoption of formal words, usage of archaic words and synonyms.The syntax features of business contracts can be summarized as adoption of declarative sentences, long sentences, passive voice, and present tense.China, as a member country of the WTO, is playing an increasingly important role in international business.It is almost certain that the study of business contracts will become an important topic in China.In this thesis, apart from elaborating on the language features of English business contracts from the lexicon and syntax levels, the author proposes the criteria for understanding and drafting of English business contracts.中国最大的论文知识平台www.xiexiebang.com
References
[1] TIERSMA M.Legal language[M].Chicago: University of Chicago Press, 1999.[2] GIBBONS J.Forensic Linguistics[M].Oxford: Blackwell Publishing Ltd, 2003.[3] Garner A.The Elements of Legal Style[M].Oxford: Oxford University Press, 1991.[4] KARLA S.A Short Course in International Contracts [M].California: World Trade Press, 2002.[5] MELLINKOFF D.The language of the law[M].Boston: Little Brown, 1963.[6] 廖英.合同与合同英语[M].杭州: 浙江大学出版社, 2004.[7] HILTUNEN R.Chapters on Legal English[M].Tiedakatemia: Academic, 1990.[8] GIBBONS J.Forensic Linguistics[M].Oxford: Blackwell Publishing Ltd, 2003.[9] JOOS M.The Five Clocks[M].London: Harcourt Brace Jovanovich, 1961.[10] CRYSTAL D.Investigating English Style[M].London: Sweet&Maxwell Limited, 1997.[11] GARNER A.The Elements of Legal Style[M].Oxford: Oxford University Press, 1991.[12] 吴伟平.语言与法律[M].上海: 上海外语教育出版社, 2002.[13] 陈静英.外经贸合同的语言特点及篇章结构[[J].成都大学学报, 1998(2): 74.[14] 胡庚申.合同英语[M].天津: 天津科技翻译出版公司, 2002.[15] 傅伟良.对外经济合同英文写作课程建设研究与实践[M].北京第二外国语学院学报, 1999(5): 57-62.[16] 胡庚申.国际商务合同起草与翻译[M].北京: 外文出版社, 2004.[17] 傅伟良.对外经济合同英文写作[M].北京: 石油工业出版社, 2000.[18] SIMON D, JONATHAN M.Contracts, Co-operation, and Competition: studies in economics, management, and law[M].London: Oxford University Press, 1997.[19] ADAMS A.Legal Usage in Drafting Corporate Agreements [M].Westport: Greenwood Publishing Group, 2001.[20] 李蕾.外经贸合同的语言特点及篇章结构[J].外经贸合同语言特点及篇章成都大学学报(社科版), 1998.[21] CHARLES D.Precedents and Forms in Conveyancing[M].London: W.Maxwell, 1876.[22] 葛亚军.合同英语手册[M].天津: 天津科技翻译出版公司, 2002.中国最大的论文知识平台www.xiexiebang.com