The language of business correspondence

A style of the language is a system of interrelated language means which serve a definite aim in communication. As has already been noticed, the style can be formal (business written English) and informal (spoken English). The difference of formal and informal English is a matter of style and attitude of people to each other. However, it is not an easy matter to draw an exact line between formal and informal English.

     English of business correspondence possesses some important qualities, common for formal style of English as well.

     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.

     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.

     Another chief problem concerning the business correspondence is that it is read by busy people who usually have no interest in either one's personality or his / her problems. Bearing in mind that one should not waste anybody's time and try to avoid unnecessary details. Common trait of any business document is to be as clear and brief as possible without sacrificing clarity.

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

     From the linguistic point of view a contract is a type of a document due to any agreement and a completed document fixing some information. As a type of text, contract has its own specific characteristics. The stylistic peculiarities of all document texts are:

• concreteness, conciseness, clearness of the stated idea;
• high capacity of information;
• strict logic;
• clear rhythm of sentences;
• accenting on the main idea with the help of word repetitions;
• absence of connotational information;
• a special system of cliches and stamps;
• usage of abbreviations, conventional symbols and marks;
• usage of terms in their direct semantic meaning; preferential usage of monosemantic words;

• division of a text into chapters, paragraphs, points, often numbered (clear compositional structure of a document);

     – usage of definite syntactic models;

     – 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 as a type of business official document are:

• steady system of linguistic means in the text of contract;
• lack of emotional colouring;
• decoding character of language;
• usage of a special symbolic system;
• definite syntactic structure (the 12 above-enumerated items). 
  Let us analyze them in detail.

     The style of contract defines some peculiarities and techniques of its writing. Making contracts differ in some points from writing business letters, such as an offer, an enquiry, a complaint etc. Some considerations important for business letters are not important for contracts. The main difference between them is that any contract is made up by two contracting parties and contains information about many subjects. So all points must 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 already been noted, 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. Some 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, if 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.

     The both contracting parties should not experience any difficulties in obtaining information, they should be able to understand what is written. Misunderstandings are caused by a lack of thought and care. It may happen if we use a lot of abbreviations, figures and prepositions.

     Abbreviations are very useful, because they are very quick to write and easy to read. But the both parties are expected to know what the abbreviations stand for. If one of the partners is not absolutely certain that the abbreviations are easily recognized he / she should not use it.

     The symbol &, which means in English and, is used in some terms like C&F (Cost and Fright), C&I (Cost and Insurance). But is marked as # in contract texts. The symbol № is used instead of the word number. In American English the symbol # means number as well, but it is used in different tables and graphics, and not in the text. It is never used, however, to denote numbers of houses.

     Very often in contracts Latin abbreviations are used, for example: e.g. (for example), et al. (and others), etc. (and so on), v.v. (quite the opposite), i.e. (that means). Also such English abbreviations ltd. (limited), Bros, (brothers), end. (enclosed), dols. (collars), etc. are used.

     The use of figures instead of words for sums can create many problems for people. To avoid any possibility of confusion, it is recommended to write sums in both figures and words. A special attention should be paid to titles, names, addresses, references, prices, specifications, enclosures, etc., which are also of a great importance in texts of contracts 
 

     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.

     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.

     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. 
 

     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.

     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. Very often the parties amicably agree upon a settlement of the claim in question.

     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.

     In Chapter 2 the stylistic, 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. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

1. Miram I.E., Daineko V.V. Basic translation. – К.: Ельга, 2002. – 350 с.
2. Ashley A.A. Handbook of commercial correspondence. – OxfordUniversity Press, 1997. – 297p.