FeaturesofEnglishContracts1.ppt

Features of English Contracts（1） Characteristics of Good Legal Writing Accuracy 精确 – Say what you mean. Clarity 明晰 – Clarity is promoted by using the active voice, keeping subject close to verb and verb close to direct object, making the elements of a sentence parallel in structure, being careful in word choice and usage, and punctuating correctly. Concision 简短 – Saying all that needs to be said with fewest number of words. Simplicity 简洁 – Put the necessary words together in a straight-forward, unconvoluted, simple manner. Tone 专业 – Legal documents are about serious matters. Professional is perhaps the word that best describes the tone of good legal writing. Problems in Contract Drafting Unintended contracts Documents intended to be contracts that fail Contacts containing gaps Ambiguous and unnecessarily vague terms Unanticipated events Features of English Contracts Form follows function. --motto of the Bauhaus school of architecture 形式服从功能 --鲍豪斯建筑学院校训 与基础英语相比，作为专业性极强的语言，英文合同的用语不同于日常语言，具有显著的特点。 首先，句子冗长而且复杂、似乎总也找不到句号，用词偏僻，晦涩难读，不易理解。 其次，英文合同中往往沿用拉丁语，法律术语，跟中文的文言文似的，着实是佶屈聱牙，令人痛苦不堪。 再次，由于属于专业英语的范畴，英语合同必然涉及法律方面理解，阅读者除了语言本身的能力外，对于法律也应具备一定的素质。 这是所有专业英语的共性，就是需相应的专业知识 下面就是 Plain English Campaign（直白英语运动）组织所遇到的最长的英文合同的句子 In the event that the Purchaser defaults in the payment of any installment of purchase price, taxes, insurance, interest, or the annual charge described elsewhere herein, or shall default in the performance of any other obligations set forth in this Contract, the Seller may: at his option: (a) Declare immediately due and payable the entire unpaid balance of purchase price, with accrued interest, taxes, and annual charge, and demand full payment thereof, and enforce conveyance of the land by termination of the contract or according to the terms hereof, in which case the Purchaser shall also be liable to the Seller for reasonable attorneys fees for services rendered by any attorney o