General characteristics of official documents

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]