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Writing is not only a means of communication and contract, but also a record of affairs, information, events, etc. So it is necessary to feel the spirit and trend of the style in order to write a perfect letter.
Business-letter or contract law is a complex and vastly documented subject, only a lawyer can deal with it on a serious level. A number of basic principles, however, can be outlined sufficiently to mark of encounters that require the use of specialised English.
Doing business means working out agreements with other people, sometimes through elaborate contracts and sometimes through nothing but little standard forms, through exchanges of letters and conversations at lunch.
Nowadays more and more agreements are made in English, for English is the nearest thing we have to a universal business language. Joint ventures, bank loans, and trademark licenses frequently are spelled out in this language even though it is not native to at least one of the contracting parties.
As a beginning I am going to look at the subject of writing of business letters generally. In the main there are three stages transactions involving business contracts: first, negotiation of terms, second, drafting documents reflecting these terms, and third, litigation to enforce or to avoid executing of these terms. To my mind, a fourth might be added, the administration of contracts.
I am going to look through the first two since the third and the fourth are related only to the field of law. A typical first stage of contract is two or more people having drink and talking about future dealing. A second phase might be letters written in order to work out an agreement.
In these two early stages it will be helpful to know something about rules of contract. But what rules? Different nations borrow or create different legal systems, and even within a single country the rules may vary according to region or the kind of transaction involved.
It is worth knowing that the distinctions in legal system of England are mainly historical.
The history of writing business letters is undoubtedly connected with the history of development of legal language. English is in fact a latecomer as a legal language. Even after the Norman Conquest court pleadings in England were in French, and before that lawyers used Latin. Perhaps, some of our difficulties arise due to the fact that English was unacceptable in its childhood.
Contract in English suggest Anglo-American contract rules. The main point is always to be aware that there are differences: the way they may be resolved usually is a problem for lawyers. With contracts the applicable law may be the law of the place where the contract is made; in other cases it may be the law of the place where the contract is to be performed. It is specified in preliminary negotiations which system of law is to apply.
Diversity is characteristic feature of English; here is a wide range of alternatives to choose from in saying things, although the conciseness is sometimes lacking. Consequently, the use of English is a creative challenge. Almost too many riches are available for selection, that leads occasionally to masterpieces but more frequently to mistakes. English is less refined in its distinctions than French, for example, and this makes it harder to be clear.
That does not mean that English is imprecise for all things are relative. If we compare English with Japanese, we will see that the latter possesses enormous degree of politeness to reflect the respectiveness of speaker and listener as well as of addresser and addressee.
Here I cannot help mentioning the fact that as contracts are so unclear in what every side intends to do, a contract can sometimes put a company out of business.
Реферат опубликован: 15/01/2007