General characteristics of official documents

Introduction

Actuality: Nowadays due to the development of international business partnership the interpreters are faced with the necessity of translating official business papers from English into Russian because English is considered to be the language of world business relationships. In comparison with literary texts the texts of official documents are highly standardized: it concerns both the structure of the whole text and the arrangement of special paragraphs.

The analysis of researches is devoted to the linguistic peculiarities of official business papers. And it shows that theory of writing business documents, 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. Such influence really exists, but there are no accepted criteria for changes that should be taken into consideration. Thus, the main problems of people who write business papers are: how should they write it to sound correctly in the foreign language? How formal should they be in the content of documents, if even English-speaking people meet difficulties drawing a line between formal and informal English?

The language of documents is characterized by specific terms and expressions and also by those grammatical and syntactical patterns where translation can cause some difficulties. That is why we should know sufficient knowledge of grammatical, stylistic and lexical peculiarities of business papers to translate them correctly.

The object of the research is official business papers.

Its subject comprises investigation of linguistic peculiarities of official business papers and the specific character of translation.

The theoretical basis for the investigation is founded on the researches of well-known linguists: Arnold, Galperin, Gordon.

The Purpose of the research is to analyze peculiarities in texts of business documents, problems of their translation. It is performed through comprehension, interpretation and analysis of essential clauses.

The tasks of the research are:

1. to point out main features of formal English as the language of business papers;
2. to describe the peculiarities of official business papers' translation.
3. to expose stylistic, grammatical and lexical peculiarities of business papers.

In order to solve these tasks have been used the methods of studying and analysis of theoretical literature and practical manuals.

In fact, the linguistic peculiarities of the structure and function of contracts in the world of business have not been given a clear understanding of the subject. The main factors of the theoretical significance of the research is to state the connection between all types of business papers while describing and analyzing distinctive features of the content of documents.

The practical significance of the research is to underline the main rules of writing business correspondence for those who are concerned about drawing up the official documents. It also can be interesting for people studying problems of functional usage of formal and informal styles in English. The results of the research can be taken into consideration by students who are involved in studying English and English stylistics. As well it can be used for special courses of business English for students of Linguistics, Business and Economics.

 

 

 

 

 

 

 

1 General characteristics of official documents

1.1 The distinctive features of English language in official documents

It is quite obvious that any business deal cannot be done without documents. 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 using the phone (orally) or telexes (in writing). All decisions and terms must be confirmed by documents.

The style of official documents is the most conservative one. It preserves the structural forms and the use of syntactical constructions. Archaic words are not observed anywhere else but here. Addressing documents and official letters, signing them, expressing the reasons and considerations leading to the subject of the document letter are regulated as lexically as syntactically. All emotiveness and subjective modality are completely banned out of this style. It is represented by the following sub-styles or variants: the language of business documents, legal documents, diplomacy, and military documents. Like other styles of language, this style has a definite communicative aim and, accordingly, has its own system of interrelated language and stylistic means. The main aim of this type of communication is to state the conditions binding two parties in an undertaking and to reach agreement between two contracting parties.Every subdivision of this style has its own peculiar terms, phrases and expressions, which differ from the terms of correspondence, phrases and expressions of other variants of this stylе [1. р1].

The peculiar features common for all stylistic varieties of official documents are the following:

– the use of abbreviations, conventional symbols and contractions;

• the use of words in their logical dictionary meaning;
• absence of emotiveness;
• general syntactical mode of combining several pronouncement into one sentence.

It also should be noted that the syntactical construction of this style is as important as the vocabulary.

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 point of view on 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 predicative construction begins with a capital letter in participle form or infinitive construction. For example:

Claims:

- any claim concerning the quality of the goods must be presented within two months from the date of delivery;

- no one claim can be considered by Sellers after expiration of the above period;

This example while illustrating structurally illogical way of combining definite ideas has its sense. It serves to show the equality of the items and similar dependence of participle and infinitive constructions or predicative constructions.

Indeed, there are many differences in the vocabulary between formal and informal business correspondence. The main part of vocabulary of formal English is of French, Latin and Greek origin. Often it can be translated into informal language by replacing words or phrases of the Anglo-Saxon origin. For example [1 Application]:

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. The meeting concluded with signing the contract (Formal style).

The meeting ended with signing the contract (Informal style).

Informal style is characterized by using phrasal and prepositional verbs. That is why they are not used in business correspondence. Their formal equivalents are used in official texts instead.

Formal style               Informal style

explode blow up

encounter come across

investigate look into

Such expressions on informal style cannot be used in written business English, both logically and stylistically. They are logically excluded because they convey a little amount of information. Business documents, on the contrary, convey a lot of information almost in any word. Thus, a person should be aware of these factors and not mix up colloquial and business English drawing up a document.[2, 56-57]

Informal terms have emotive qualities that are not present in formal language. Formal language often insists on a greater deal of preciseness. But the problem is that not always can be found the 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 more restricted in usage and more precise term, according to the context, among possible variants: employment, post, position, appointment, vocation etc.

As a rule, business English is formal. We mean using 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. For example:

After his father's death, he had to change his job. (Informal style)

On the disease of his father, he was obliged to seek for alternative employment. (Formal style)

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. The connections between one clause and the other become 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. [3, 178]

The grammar use in business correspondence is also differ because of the pronouns who and whom, and the place of prepositions. For example:

She wanted a partner for her business in whom she could confide. (Formal style) She longed for a partner (who) she could confide in. (Informal style)

In what country was he born? (Formal style)

What country was he born in? (Informal style)

Texts of business documents are specific and aimed at a definite purpose. In order to make one's business work and work effectively, one 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.

Written business English has got certain traits and problems of its usage not only for foreigners, but for English-speaking people.

The language of business correspondence is very bookish and 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 that means a lot of practice for a person who draws up a document. Formal business correspondence should be more impersonal. It should not emphasize the individuality of the writer, taking into account 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 /we, you/ and it can also bring some difficulties.[5, 195]

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. 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 consider these long and complicated sentences rather confusing. Words of formal English must 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.

These are some of the most frequent problems in the theory of business correspondence.

 

1.2 Types and peculiarities of business correspondence

           Business correspondence is very significant in transactions. It includes all kinds of commercial letters such as enquiries, replies to enquiries, Letters of Credit, invoices, Bills of Lading, Bills of Exchange or drafts, letters of insurance, explanatory letters, orders, letters of packing, letters of shipment, letters of delivery,offers,letters of complaint,replies to those of mentioned above, etc.[6,210]

Each type of correspondence has its own peculiar features. But they have much in common. Especially it concerns the style of business letters. Business 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. At the same time the style of letter should not be so simple that it becomes discourteous. The tone of business letter should be neutral without pompous language on the one hand and informal or colloquial language on the other hand. The letter should be neither too long nor too short. The right length includes the right amount of information.

Here is an example of a letter that is so short and simple that it sounds rude:

Dear Mr. Rohn,

1 have already written to you concerning your outstanding debt of Ј591. This should have been cleared three months ago. You don't seem to want to co-operate in paying us, and therefore we will sue you if your debt is not cleared within the next ten days.

Yours…

A letter may be given the wrong tone by the use of inappropriate vocabulary, idioms, phrasal verbs and short forms. Here are some examples of each, together with a preferred alternative:

You've probably knows – You probably know

You'll get your money back – The loan will be repaid

To go into property – To invest in property

A couple of hundred quid – Two hundred pounds

Prices are at rock bottom – Prices are very low

Prices have gone through the roof – Prices have increased rapidly.

These are the extreme examples but the general point is that one should be careful using idiomatic or colloquial language in letters. Moreover, there is a danger of being misunderstood or you may give an impression of over-familiarity.

Very often abbreviations are used in business letters but both parties need to know what the abbreviations stand for; if they don't it can cause problems in obtaining the information. So if the author of a letter is not absolutely certain that abbreviation will be easily recognized he/she should not use it.

Special care should be taken while using prepositions. There is a big difference between / The price has been increased to Ј 15.00/ The price has been increased by Ј 15.00, and The price has been increased from Ј 15.00.

In business correspondence is very important to be tactful, in other words to avoid causing offence or distress. 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).

Every business letter is known to consist of three parts: introduction, main part and closing. The first sentence or paragraph of a letter is an important one because it sets the tone of the letter. It usually contains thanks to the correspondent for his letter, subject of the letter, the purpose of the letter. [7, 86-88]

In final paragraph is necessary to thank the person for writing, if letter is a reply and it has not been done at the beginning. One should encourage further enquiries or correspondence. It also possible to restate, very briefly, one or two of the most important points made in the main part of letter.

For example: We are sure that you have made the right choice in choosing this particular line as it is proving to be a leading seller. If there is any advice or further information you want we shall be happy to supply it, and look forward to hearing from you.

In our research we have tried to investigate peculiarities of such types of business correspondence as letters of enquiry, order and claim.

Enquiries can take the form of telephoned, telex or faxed requests for information. These forms can be used only for brief enquiry. A letter of enquiry begins with telling to correspondent the name of your firm: we are a co-operative wholesale society based in Zurich. Then one should write how he/she heard about the firm he/she is writing to: we were given your name by the Hoteliers' Association in Paris. The content of enquiry varies depending on its purpose. For example while asking for catalogs, price-lists, prospectuses it is not necessary to give a lot of information about yourself. It would be helpful to point out briefly any particular items you are interested in.

e.g. Could you please send your current catalogue and price-list for exhibition stands? We are particularly interested in furniture display stands.

Very often one asks in enquiry for samples and patterns before placing an order.

e.g. We would be also appreciated if you could send some samples of the material so that we can examine the texture and quality.

It is also possible to suggest terms, methods of payment, discounts in your enquiry.

e.g. We usually deal on a 30% trade discount basis with an additional quantity discount for orders over 1,000 units.

Sometimes wholesalers and retailers want to see how a line will sell before placing a firm order with the supplier. They may be able to do this by getting goods on approval or on a sale or return basis, one can ask about it in enquiry.

e.g. Your leaflet advertising your latest publications of History magazines interested us, and we should like to stock a selection of these. However, we should only consider placing an order provided it was on the usual basis of sale or return. If this is acceptable we shall send you our official order.[8, 123]

Usually a simple 'thank you' is sufficient to close an enquiry. It is possible to mention that a prompt reply would be appreciated and that certain terms or guarantees would be necessary.

e.g. Thank you for your attention. We hope to hear from you in the near future.

The letter of enquiry should make absolutely clear information. The tone of enquiry could be direct but still polite. It should leave no possibility of the recipient to write and ask for explanation or extension of any of its parts. It should be as brief as is in keeping with courtesy and clarity. Even when the matters of enquiry are of no interest to the recipient he should give the information as courteously and as fully as if it meant material profit to him. He should give not only complete information for every detail of the enquiry but also should give any additional information which the writer feels would make clearer the information desired.[ 9, 23]

In enquiries are often used passive constructions for soften a request.

Short sentences can create an abrupt effect, while a complex sentence can modify.

e.g. We are interested in your range of shirts is not as good as we are large wholesalers and are interested in your range of shirts.

Orders are usually written on a company's official order form which has a date and a reference number that should be quoted in any correspondence which refers to the order. Even if the order is telephoned, it must be confirmed in writing, and an order form should always be accompanied by either a compliment slip or a covering letter. A covering letter is preferable as it allows you the opportunity to make any necessary points and confirm the terms that have been agreed. This letter usually begins with explaining there is an order accompanying the letter. For example:

Please find enclosed our Order №B4 521 for 25 'Clearsound' transistor receivers.

Such types of letters can contain:

– confirmation of the terms of payment

e.g. We should like to confirm that payment is to be made by irrevocable letter of credit which we have already applied to the bank for;

– confirmation of the agreed discounts

e.g. We should like to thank you for the 30% trade discount and 10% quantity discount you allowed us;

– confirmation of the delivery dates

e.g. delivery before February is a firm condition of this order, and we reserve the right to refuse goods delivered after that time;

– methods of delivery

e.g. We advice delivery by road to avoid constant handling of this fragile consignment;

– packing

e.g. Each piece of crockery is to be individually wrapped in thick paper, packed in straw, and shipped in wooden crates numbered 1 to 6.

The letter ordering goods should be made so clear that it could not possibly be misunderstood. It should be exact and complete in every detail as to quantity, quality, size, number, catalogue page and number, shape, style, colour, piece of each, or other item helping toward exact identification. If the buyer is to pay transportation charges, he/she should specify how the order must be shipped – mail, express, or fright – unless he/she leaves this matter to the one who ships. Each item must be written on a separate line beginning at the paragraph margin.[10, 45-46]

A letter of complaint or claim should always be courteous, dignified and fair. It should state exactly the cause for complaint and should outline clearly the reasonable expected adjustment. The complainant that imputes blame or becomes sarcastic or abusive only emphasizes the author's own lack of refinement and makes less probable the adjustment he/she seeks. Terms like 'disgusted', 'infuriated', 'enraged', 'amazed' have no place in claim. Dissatisfaction can be expressed in such a way:

Unless you can fulfill our orders efficiently in the future we will have to consider other sources of supply.

Also such expressions as 'you must correct your mistake as soon as possible', 'you made an error on the statement', 'you don't understand the terms of discount'. We told you to deduct discount from net prices, not c.i.f. prices' can't be used in claims.

It is better to be as impersonal as possible to make the letter more polite. This can be done by using the definite article.

e.g. the mistake must be corrected as soon as possible instead of your mistake.

It is better to use Passive voice and modifying imperatives:

e.g. to be cleared, instead of which you must clear.

Words like 'fault' or 'blame' can't be used that's why one should write

e.g. The mistake could not have originated here, and must be connected with the dispatch of the goods

But not:

It is not our fault, it is probably the fault of your dispatch department.[11, 52-55]

It should be taken into account that complaints are not accusations; they are requests to correct mistakes or faults, and should be written remembering that the supplier will want to put things right. Therefore one should write calmly, clearly presenting all the relevant information and making any suggestions that might help put the matter right.

       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2 Linguistic picularities of official busines papers

2.1 Grammatical peculiarities of contract and business correspondence

        On the whole, grammar of any contract may be characterized as rather simple and formal. Here simple 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 any 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. Though it is not used in Modern English, in business correspondence and documents it keeps being used.[12, 236-238]

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. 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. There 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 use 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. The most interesting and important for the research is the first group, so we have focused on it.

There are six types of patterns in which the infinitive is to be regarded as a verb adjunct:

• an adjunct to an active verb;
• an adjunct to a passive verb;
• a complex adjunct to an active verb;
• a prepositional complex adjunct to an active verb;
• a wh – infinitive adjunct;
• 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 situations. The last three types of the infinitive are rarely used in business correspondence or might be used just occasionally.[13, 97-99]

The infinitive as an adjunct to an active verb always follows a head-verb. In business correspondence it is lexically dependent and commonly found after the following verbs: to agree, to appear, to arrange, to continue, to decide, to expect, to fail, to hesitate, to hope, to intend, to like, to manage, to need, to offer, to omit, to plan, to prefer, to prepare, to propose, to regret, to secure, to try, to want, to wish.

e.g. They have arranged to produce the equipment.

We won't fail to provide full particulars as soon as possible.

In the case the suppliers want to have any additional information you should contact us immediately.

Generally in contracts and agreements the infinitive adjunct to an active verb is a simple infinitive. Sometimes, however, it may be followed by the perfect infinitive, indicating an action which precedes that one of the predicate verb. As for the continuous infinitive in this function the analysis of contracts has proved that it is hardly ever used.

It should also be noted that in commercial correspondence the subject of the infinitive adjunct is a person (e.g. we, they) or a thing denoted by the subject of the sentence (e.g. our firm).

e.g. We look forward to your early reply.

The Suppliers inform the Buyers that there had been a fire.

The infinitive in business correspondence may also serve as an adjunct to a passive verb. In this case it always follows its head-verb and is lexically restricted. The infinitive in this function follows the following verbs: to consider, to expect, to instruct, to prepare, to repute, to require.

e.g. The goods are considered to be in conformity with the certificate.

The delivery date is understood to be the date on which the Suppliers apply to the Buyers' Shipping Agents.

The use of the infinitive adjunct to a passive verb is stylistically restricted. It frequently occurs in newspapers, scientific prose and business correspondence, but it is not characteristic of literary style, and in social English it is not common at all.

The infinitive may serve as an adjunct to an active verb followed by a noun or a pronoun which stands to the infinitive in the relation of a subject. The combination is lexically restricted, because in business correspondence it may be found only after the definite verbs from the following list: to advise, to allow, to ask, to enable, to expert, to help, to prefer, to urge, to want, to wish.

e.g. We would advise you to take an all-rich insurance policy.

If the period of guarantee has not expired we will ask you to replace the machine by another one.

We agree to accept this shipment on condition that you…

The complex infinitive adjunct to an active verb is not restricted stylistically and is in extensive use in scientific and fiction literature and also in commercial and business correspondence.

The Indefinite Infinitive occurs in contracts in the function of the predicate, expressing obligation and a future action.

e.g. Delivery to commence in six to eight months and to be completed in twelve to sixteen months (to commence – will commence).

Date of shipment to be determined by date of Bill of Lading (to be determined = will be determined).

It is allowed only in texts of contracts and other business documents.

Each contract also has constructions with participles.

e.g. The letter of credit is to be valid for 90 days, all bank charges being at the expense of the Buyers.

Here is a construction with Participle I where it refers to the noun in the General Case, which goes before the participle. It is not common in speech, but it occurs in contracts.

Constructions with the Perfect Participle, however, are rare in contracts and show an action prior to another one expressed by the predicate.

e.g. We have included in our claim only the cost of material and labor, all other expenses connected with the repair not having been taken into consideration.

Some participles which have no explanatory words in contracts can either precede or follow a noun. Mostly they are constructions with Participle II:

e.g. the required specification vs. specification required; the enclosed letter vs. the letter enclosed.

The Past Participle Passive always follows a noun if it has explanatory words.

e.g. a telegram received from London;

the cheque attached to the letter.

If a participle shows only an action which is made upon the subject, it follows a noun.

e.g. The sellers are to inform us of the quantity of the goods loaded.

Buyers are to accept or pay for the quantity shipped.

The participle showing the quality, if there is one, precedes the noun:

e.g. within six weeks of the stipulated time of shipment;

illustrated catalogue; damaged goods.[14, 177-180]

             

2.2 Lexical peculiarities of contract

       From the lexicological point of view business papers are of great interest. Their lexicon is rather stable. As a rule, words have their only exact meaning. There are no words which are emotionally coloured. As a result of it, we can point out the words, which are present practically in every contract. For example,

«whereas» expresses every man's idea of how a contract begins. Whereas means that the parties have been engaged in a series of transactions resulting in a dispute over accounting between them.

e.g. The surplus is to be paid for by the Buyers, whereas short weight is to be refunded by the Sellers.

One more compound word with the adverb where is whereby, which means by which and refers to the present contract.

e.g. We have concluded the present contract whereby it is agreed as follows…

The usage of compound words with adverbs here / there and prepositions is also typical of written formal style of English. Their meaning is made up from meaning of their components. There is no principal difference, though, between meanings of here- / there – compounds.

e.g. If shipment of the whole or part is thereby rendered impossible… (thereby = by it; by that means; in that connection)

We are sending you herewith statement of your account (herewith – with it / that)

All expenses connected therewith being born by… (therewith – with it)

The examination of the goods and objection thereto… (thereto = to it)

Subject to General Conditions on Sale endorsed hereon… (hereon = on this document)

The goods to be shipped as soon thereafter as suitable tonnage obtainable. (thereafter = from that time)

The Sellers shall not be responsible for any damage resulting to the Buyers therefrom, (therefrom = from it / them)

Hereinafter is a very useful word, doing the job of the six, referred to later in a document. Hereinafter frequently sets up abbreviated names for the contracting parties.

e.g. D & R Electrical, Ltd. hereinafter the Buyer.

The aforesaid is a cliche which is more preferable in texts of contracts instead of its less formal equivalents: the above-mentioned, the above-written, as was written / said before, and the like.

e.g. The aforesaid documents should contain references…

It is understood and agreed. On one hand it usually adds nothing, because every clause in the contract is figurally understood and agreed. On the other hand, it adds an implication that the other clauses are not backed up by this phrase. By including one you exclude the other.

e.g. The prices in this contract are understood and agreed upon.

Including without limitation. Usually people want to specify things underscored in contracts, and this phrase indulges the prediction.

e.g. You may assign any and all your rights including without limitation your exclusive British and Commonwealth Rights.

To tell the truth, it is a useful phrase because people are always forgetting or neglecting to mention that a great many interests may be involved in what appears to be a simple dialogue. A is controlled by investors, and В – by a foreign parent company. That's why it will be useful to say in such a situation as between us…

e.g. We confirm the exchange of telexes as between us follows…

Solely on condition that – it's one of a few phrases that can be considered better than its short counterparts. One might ask: «Why not use just if instead of the phrase?» If – by itself, opens a possibility to open contingencies.

e.g. If Smith delivers 2000 barrels I will buy them.

But it is unclear if you will buy them only from Smith. Therefore, we can use only if as a synonym. Sometimes it works out, but not always. In this case more than an elaborated phrase is justified.

e.g. I will buy 2000 barrels solely on condition that Smith delivers them.

The phrase makes the conditions of the deal clear.

e.g. We can accept the goods solely on condition that you grant us allowance of…per…

In contracts there are other prepositional phrases made up from words. They are complex, and one must be attentive using them. The prepositions also provided are the following: on conditions that; on the understanding, etc.

e.g. We agree to this only on the understanding that the rate of freight does not exceed.

e.g. Claims against the quality of vehicles may be submitted on conditions that the defects are found within 40 days.

Such prepositional phrases are practically equal in meaning.

Subject to – a few contracts do without this phrase. Many promises can be made good only if certain things occur. The right procedure is to spell out these plausible impediments to the degree that you can reasonably foresee them.

e.g. Our agreement is subject to the laws of Connecticut.

e.g. The wood goods hereinafter specified subject to a variation in Sellers' option of 20 percent…

But there is another meaning of the prepositional phrase. It may express some condition.

e.g. We offer you, subject to your acceptance by cable, 1000 tons of ore.

Exclusive – it's important in contracts. English is vast and its usage creates difficulties in many cases. Exclusivity as a term means that somebody is bored from dealing with another one in a specified area.[15, 278-283]

In the lexicon of contracts there are many foreign words, first of all, Latin ones, such as pro rata and pari passu. Pro rata proves helpful when payments are to be in proportion refuting prior formulas in a contract.

e.g. Demurrage is to be paid per day and pro rata for any part of the running day.

Pari passu is used when several people are paid at the same level or time out of a common fund.

e.g. Fractions to be considered pari passu.

Still there are such words as inferior / superior, they are often used to describe the quality of goods.

e.g. The quality of Model B-50 is superior to that of Model B-45.

Complaints and claims may arise in connection with inferior quality of the goods, late delivery or non-delivery of goods.

A Latin word is not often used in contracts nowadays. Now it means an arbitrary court for a concrete trial. Such Latin words as ultima, proxima are now archaic and rarely used.

e.g. If the excess is discovered only on arrival of the goods at their ultima destination in the U.K.

On the contrary, such a Latin adjective as extra, which means additional, keeps being widely used in official English, and is quite common for the colloquial style.

e.g. In order to obtain delivery we have had to incur extra expenses for which we hold you responsible.

e.g. No extra payment is to be effected for any excess weight.

The most widespread French words are force majeure, which is an essential clause of almost any contract and serves to describe some unpredictable events that may happen to goods while being delivered or other reasons, and amicably, which means friendly.

e.g. The Sellers and the Buyers shall take all measures to settle amicably any disputes.

So, in contracts a person can come across a definite number of words and word combinations which make up lexical peculiarities of the texts. They all are rather bookish and belong to formal style of written English, not being used in informal English and rarely used in spoken formal English.[16, 165-170]

In Chapter 2 the grammatical, lexical peculiarities of contract and business correspondence have been analyzed. On the basis of our analysis we can conclude that language of contracts and business correspondence is not always easy to obtain due to their complicated syntactic constructions, specific terms and abbreviations. Linguistic peculiarities of business correspondence and contracts are similar because both of them belong to the formal style of English which is characterized by the conventionality of expressions, combining several ideas within one sentence, the encoded character of the language, absence of emotiveness. All that revealed in texts of contracts and business correspondence through their vocabulary, grammar and style.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3 The translation of official documents

3.1 Problems of adequate translation of official business papers

       Equivalence is almost full and identical preservation of source text information including the stylistic peculiarities. Equivalent translation is rather relative notion. Its level and specific character change depending on the way of translation and genre of target text. Equivalence of requirements to the translation of scientific, business and, for example, literal texts can also be different. Types of texts determine approach to the translation, choice of translational method and equivalence degrees of target text. Aims and tasks of translator vary when he / she translates poem or novel, scientific article or newspaper information, document or technical instruction.[18, 213-214]

The great number of state, politic, commercial, legal and other documents belongs to official business texts. Their main function is message. They are fully directed on rendering information. Their form in most of cases is typical: addressing, beginning of the text, succession of exposition, finalizing of document, and amount of cliches, in all languages obey strict rules of rhetoric. In target language the structure of source text remains, but cliches may vary at inner form coinciding with content. In European languages’ culture the standardization of documents is very high. Thus, while translating official business texts into Ukrainian it is not always possible to find equivalent of rhetorical stamps that is why word-for-word translation is sometimes used. This translation is used in diplomatic documents where each word is of great importance. Inappropriate word can cause misinterpretation and even diplomatic conflict.[19, 141]

The most widespread language of international business communication is English. But even between English and Americans could appear some linguistic misunderstandings. Such divergences had been accumulated for centuries during the process of English language development in two different historical and cultural surroundings. Thus, the same terms can have different semantic meaning and v.v. different terms can have the same meaning. There were cases when contracting parties were having conversation (with a help of interpreter) and did not suspect that they spoke about different things. It can be explained by low qualification of interpreter or by polysemantic terminology which seems at first identical. For example, term 'industry' in English and French has different meaning: in English it includes agriculture but not in French. Among the most typical examples of polysemy of identical terminology or identity of terms different in meaning is legal terminology. For example, to name the institution in Great Britain and USA different terms can be used. British people use term 'company' while Americans use term 'corporation' though they mean the same thing. Linguistic barrier is also called ethno-linguistic because it is rather ethnic than linguistic. It is based on the difference of cultures, national psychology, other ethnic peculiarities, etc. While drawing up international contracts ethno-linguistic barrier gets new characteristics – of legal context. That is why reaching and confirmation of the agreement between parties depend on their understanding of contract's articles formulated by specific terminology which was developed by the influence of culture and law. Translator has to brake this ethno-linguistic barrier. The main function of the translator is to provide bilingual communication, which has almost the same possibilities as monolingual communication. It can be reached due to right technology of translation used by translator.[20, 45-48]