Linguistic Pecularities Of Contracts in English

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 national Bank of Argentina has been instructed to open a credit valid until 30 November.

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.

Should the Buyers fail to keep this rate of unloading…

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 labour, 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. illustrated catalogue; damaged goods; within six weeks of the stipulated time of shipment.

The definite article the in contract has its own peculiarities.

In every contract there are Buyers and Sellers and these words can be used either with the definite article or without it. Nevertheless, they are always capitalised: Buyers, Sellers. e.g. This contract is made between Rossexport, hereinafter called