Business correspondence
Review the definition of "discourse". Features of diplomatic discourse. Characteristics of the main types of diplomatic correspondence in English. Consideration of the main transfer transformation. Translation Analysis viewpoint of linguistic features.
Рубрика | Иностранные языки и языкознание |
Вид | реферат |
Язык | английский |
Дата добавления | 17.05.2015 |
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Content
Introduction
Chapter I. Business letters throught lexics
1.1 A sampling of contract phrases
1.2 Foreign esoteric words
1.3 Some words against passive
Chapter II. Types and peculiarities of business correspondence
Conclusion
Bibliography
Appendix
Introduction
The international relations as the field of activity represent interactions between the state participants on the international scene. Respectively texts on the international relations are meant as texts in which all types of relationship between the states are reflected: economic, political, legal and cultural. Texts on the international relations share on primary and secondary. Primary texts are texts of contracts, conventions, agreements, resolutions, memorandums, notes, that is documents by means of which the written official relations between the states are carried out and the position of the state on the international life and which aren't always made public which became object of this research is expressed. Features of diplomatic correspondence are defined by a discourse to which it directly belongs.
Besides, documents of diplomatic correspondence are also object of the translation. The translators working with this type of texts in translation process are compelled to consider not only divergences in lexical and grammatical systems of language, but also the settled rules of registration of various diplomatic documents. Relevance of this research is caused on the one hand, the importance imposed on diplomatic correspondence, and on the other hand, responsibility with which the translator faces during the work this type of documents.
Object of research within this work is modern English-speaking diplomatic correspondence.
As object of research features of the translation of diplomatic correspondence act.
The research objective consists in establishment of features of diplomatic correspondence in English and its translation into Russian.
For achievement of a goal during research the following practical problems were solved:
- to give definition to the concept "discourse";
- to mark out features of a diplomatic discourse;
- to characterize the main types of diplomatic correspondence in English;
- to consider the main translation transformations;
- to translate the actual material and to analyse the got transfer from the point of view of linguistic features.
The purpose and tasks defined a choice of methods of research. In work methods of the comparative, structural-semantic and linguistic analysis of the text were used. discourse diplomatic correspondence linguistic
The theoretical importance of work is defined by the carried-out analysis of diplomatic correspondence.
The practical importance of work consists in possibility of use of its results for increase of efficiency of communication in the sphere of diplomatic interaction.
The structure of work is defined by the purpose and research problems and is presented by introduction, three heads, the conclusion, a bibliography and the appendix. In introduction relevance of research is defined, the purpose and problems of work are formulated. Chapter 1 is devoted to theoretical bases of research: to detection of features of a diplomatic discourse and characteristic of main types of diplomatic correspondence. Chapter 2 represents the translation of the actual material and the subsequent analysis. Results of research in the systematized look are given in the conclusion.
Chapter I. Business letters throught lexics
From the lexicological point of view isolated words and phrases mean very little. In context they mean a great deal, and in the special context of contractual undertakings they mean everything. Contract English is a prose organised according to plan.
And it includes, without limitation, the right but not the obligation to select words from a wide variety of verbal implements and write clearly, accurately, and/or with style.
Two phases of writing contracts exist: in the first, we react to proposed contracts drafted by somebody else, and in the second, which presents greater challenge, we compose our own.
A good contract reads like a classic story. It narrates, in orderly sequence, that one part should do this and another should do that, and perhaps if certain events occur, the outcome will be changed. All of the rate cards charts, and other reference material ought to be ticked off one after another according to the sense of it. Tables and figures, code words and mystical references are almost insulting unless organised and defined. Without organisation they baffle, without definition they entrap.
In strong stance one can send back the offending document and request a substitute document in comprehensible English. Otherwise a series of questions may be put by letter, and the replies often will have contractual force if the document is later contested.
1.1 A sampling of contract phrases
My observations about English so far have been general in nature. Now it appears logical to examine the examples of favourite contract phrases, which will help ease the way to fuller examination of entire negotiations and contracts. a full glossary is beyond reach but in what follows there is a listing of words and phrases that turn up in great many documents, with comments on each one. The words and phrases are presented in plausible contract sequence, not alphabetically.
"Whereas" Everyman's idea of how a contract begins. Some lawyers dislike "Whereas" and use recitation clauses so marked to distinguish them from the text in the contract. There the real issue lies; one must be careful about mixing up recitals of history with what is actually being agreed on. For example, it would be folly to write: "Whereas A admits owing B $10,000..." because the admission may later haunt one, especially if drafts are never signed and the debt be disputed. Rather less damaging would be:
"Whereas the parties have engaged in a series of transactions resulting in dispute over accounting between them..."
On the whole "Whereas" is acceptable, but what follows it needs particular care.
"It is understood and agreed" On the one hand, it usually adds nothing, because every clause in the contract is "understood and agreed" or it would not be written into it. On the other hand, what it adds is an implication that other clauses are not backed up by this phrase: by including the one you exclude the other. «It is understood and agreed» ought to be banished.
"Hereinafter" A decent enough little word doing the job of six ("Referred to later in this document"). "Hereinafter" frequently sets up abbreviated names for the contract parties.
For example:
"Knightsbridge International Drapes and Fishmonger, Ltd (hereinafter "Knightsbridge").
"Including Without Limitation" It is useful and at times essential phrase. Earlier I've noted that mentioning certain things may exclude others by implication. Thus,
"You may assign your exclusive British and Commonwealth right suggests that you may not assign other rights assuming you have any. Such pitfalls may be avoided by phrasing such as:
"You may assign any and all your rights including without limitation your exclusive British and Commonwealth rights".
But why specify any rights if all of them are included? Psychology is the main reason; people want specific things underscored in the contracts, and "Including Without Limitation" indulges this prediction.
"Assignees and Licensees" These are important words which acceptability depends on one's point of view
"Knightsbridge, its assignees and licensees..."
suggests that Knightsbridge may hand you over to somebody else after contracts are signed. If you yourself happen to be Knightsbridge, you will want that particular right and should use the phrase.
"Without Prejudice" It is a classic. The British use this phrase all by itself, leaving the reader intrigued. "Without Prejudice" to what exactly? Americans spell it out more elaborately, but if you stick to American way, remember "Including Without Limitation", or you may accidentally exclude something by implication. Legal rights, for example, are not the same thing as remedies the law offers to enforce them. Thus the American might write:
"Without prejudice to any of my existing or future rights or remedies..."
And this leads to another phrase.
"And/or" It is an essential barbarism. In the preceding example I've used the disjunctive "rights or remedies". This is not always good enough, and one may run into trouble with
"Knightsbridge or Tefal or either of them shall..."
What about both together? "Knightsbridge and Tefal", perhaps, followed by "or either". Occasionally the alternatives become overwhelming, thus and/or is convenient and generally accepted, although more detail is better.
"Shall" If one says "Knightsbridge and/or Tefal shall have..." or "will have...", legally it should make no difference in the case you are consent in using one or the other. "Shall", however, is stronger than "will". Going from one to another might suggest that one obligation is stronger somehow than another. Perhaps, one's position may determine the choice. "You shall", however is bad form.
"Understanding" It is a dangerous word. If you mean agreement you ought to say so. If you view of affairs that there is no agreement, "understanding" as a noun suggests the opposite or comes close to it. .it stands, in fact, as a monument to unsatisfactory compromise. The softness of the word conjures up pleasing images. "In accordance with our understanding..." can be interpreted in a number of ways.
"Effect" Here is a little word which uses are insufficiently praised. Such a phrase as "We will produce..." is inaccurate, because the work will be subcontracted and the promise-maker technically defaults. Somebody else does the producing. Why not say "We will produce or cause to be produced..."? This is in fact often said, but it jars the ear. Accordingly "We will effect production..." highlights the point with greater skill.
"Idea" This word is bad for your own side but helpful against others. Ideas as such are not generally protected by law. If you submit something to a company with any hope of reward you must find better phrasing than "my idea". Perhaps, "my format" or possibly "my property" is more appropriate. Naturally, if you can develop an idea into a format or protectable property, the more ambitious phrasing will be better justified.
"As between us" It is useful, because people are always forgetting or neglecting to mention that a great many interests may be involved in what appears to be simple dialogue. "I reserve control over..." and "You have the final power of decision over..." sound like division of something into spheres, but frequently "I" am in turn controlled by my investors and "You" - by a foreign parent company, making the language of division inaccurate. Neither of us really controls anything, at least ultimately.
Thus it will be useful to say, "As between us, I control..." and so on.
"Spanning" Time periods are awkward things: "...for a period commencing August,1 and expiring November,15..." is clumsy; "...from August,1 to November,15..." is skeletal when informing how long a contract obligation endures.
But during particular time periods one may be reporting for work, for example, three days out of every five, or doing something else that is within but not completely parallel to the entire time period involved.
A happy solution is the word "Spanning". It goes this way:
"Throughout the period spanning August,1 - November,15 inclusive you will render services as a consultant three days out of every five."
It will be useful to put "inclusive" at the end for without it you may lose the date, concluding the period being spanned.
"Negotiate in Good Faith" The negotiators have worked until late at night, all points but one have been worked out, the contract will never be signed without resolution of some particular impasse. What is there to do?
Agree to "Negotiate in Good Faith" on the disputed point at later time. This is done frequently, but make no mistake about the outcome. The open point remains open. If it happens to be vital you may have no contract at all. "Negotiate in Good Faith" is one of those evasions that must be used sparingly. At the right time it prevents collapse, at the wrong time it promotes it.
"Confirm" It suggests, of course, that something has been agreed upon before. You are writing now only to make a record of it. "I write to confirm that you admit substantial default in delivery" Frequently we encounter it in ordinary correspondence: "Confirming your order", "Confirming the main points of our agreement", and so on.
"Furnish" It is a handy word which usefulness lies in the avoidance of worse alternatives. Suppose you transact to deliver a variety of elements as a package.
"Deliver" leaves out, even though it may well be implied, the preliminary purchase or engagement of these elements, and at the other end it goes very far in suggesting responsibility for getting the package unscathed to where it belongs.
Alternatives also may go wrong, slightly, each with its own implications.
"Assign" involves legal title; "give" is lame and probably untrue; "transmit" means send.
Thus each word misses some important - detail or implies unnecessary things.
"Furnish" is sometimes useful when more popular words fall short or go too far. It has a good professional ring to it as well:
"I agree to furnish all of the elements listed on Exhibit A annexed hereto and made part hereof by incorporation."
Who is responsible for non-delivery and related questions can be dealt with in separate clauses.
"Furnish" avoids jumping the gun. It keeps away from what ought to be treated independently but fills up enough space to stand firm.
The word is good value.
"Right but Not Obligation" One of the most splendid phrases available. Sometimes the grant of particular rights carries with it by implication a duty to exploit them. Authors, for example, often feel betrayed by their publishes, who have various rights "but do nothing about them." Royalties decrease as a result; and this situation, whether or not it reflects real criminality, is repeated in variety of industries and court cases. Accordingly it well suits the grantee of rights to make clear at the very beginning that he may abandon them. This possibility is more appropriately dealt with in separate clauses reciting the consequences. Still, contracts have been known to contain inconsistent provisions, and preliminary correspondence may not even reach the subject of rights. A quick phrase helps keep you out of trouble: "The Right but Not Obligation". Thus,
"We shall have the Right but Not Obligation to grant sublicenses in Austria"("But if we fail, we fail").
Even this magic phrase has its limitations because good faith may require having a real go to exploiting the rights in question. Nevertheless "Right but Not Obligation" is useful, so much so as to become incantation and be said whenever circumstances allow it. I the other side challenges these words, it will be better to know this at once and work out alternatives or finish up the negotiations completely. [5]
"Exclusive" It's importance in contract English is vast, and its omission creates difficulties in good many informal drafts. Exclusivity as a contract term means that somebody is -barred from dealing with others in a specified area. Typically an employment may be exclusive in that the employee may not work for any one else, or a license may be exclusive in the sense that no competing licenses will be issued.
Antitrust problems cluster around exclusive arrangements but they are not all automatically outlawed.
It follows that one ought to specify whether or not exclusivity is part of many transactions. If not, the phrase "nonexclusive" does well enough. On the other hand, if a consultant is to be engaged solely by one company, or a distributorship awarded to nobody else except X, then "exclusive" is a word that deserves recitation. "Exclusive Right but Not Obligation" is an example that combines two phrases discussed here.
The linking of concepts is a step in building a vocabulary of contract English.
"Solely on condition that" One of the few phrases that can be considered better than its short counterparts. Why not just "if"? Because "if" by itself leaves open the possibility of open contingencies:
"If Baker delivers 1,000 barrels I will buy them" is unclear if you will buy them only from Baker. Therefore what about "only if"? Sometimes this works out, but not always.
"I will buy 1,000 barrels only if Baker delivers them" is an example of "only if" going fuzzy. One possible meaning is "not more than 1,000 barrels" with "only" assimilated with the wrong word. Here then a more elaborate phrase is justified.
"I will buy 1,000 barrels solely on condition that Baker delivers them" makes everything clear.
"Subject to" Few contracts can 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.
"We will deliver these subject to our receiving adequate supplies";
"Our agreement is subject to the laws of Connecticut";
"Subject to circumstances beyond our control ".
1.2 Foreign esoteric words
Every now and then a scholarly phrase becomes accepted in business usage. "Pro rate" and "pari passu" are Latin expressions but concern money. "Pro rata" proves helpful when payments are to be in a proportion reflecting earlier formulas in a contract. "Pari passu" is used when several people are paid at the same level or time out of a common fund. Latin, however, is not the only source of foreign phrases in business letters.
"Force majeure" is a French phrase meaning circumstances beyond one's control.
English itself has plenty of rare words. One example is "eschew"; how many times we see people struggling with negatives such as "and we agree not to produce (whatever it is) for a period of X". The more appropriate phrase would be
"we will eschew production".
But here it should be mentioned that not everyone can understand such phrases. There fore rare words should be used only once in a long while. Those who uses them sparingly appears to be reliable.
1.3 Some words against passive
Until now the study of writing business letters has consisted largely of contract phrases accompanied by brief essays evaluating their usefulness. The words are only samplings and are presented mainly to conduce writing business letters in a proper way. It will be wrong, however, to bring this list to an end without mention of a more general problem that arises in connection with no fixed word pattern at all. It arises, rather from using too many passives. Such phrases as "The material will be delivered";
"The start date is to be decided";
"The figures must be approved" are obscure ones leaving unsettled who it is that delivers, who decides,and who does the approving. Which side it is to be? Lawsuits are the plausible outcome of leaving it all unsettled. Passives used in contracts can destroy the whole negotiations. "You will deliver" is better for it identifies the one who will do delivering. Certainly, "must be approved by us" violates other canons. "We shall have the right but not the obligation to approve" is less unfortunate. There is no doubt that passives do not suit business letters, and if they go all the way through without adding something like "by you" or "by us" they are intolerable. Once in a long while one may find passives used purposely to leave something unresolved. In those circumstances they will be in class with "negotiate in good faith", which I've examined earlier.
Chapter II. Types and peculiarities of business correspondence
A correspondence is very significant in transactions. It includes all kinds of commercial letters such as enquiries, replies to enquiries, Letters of Credit, invoices, Bills of Lading, Bills of Exchange or drafts, letters of insurance, explanatory letters, orders, letters of packing, letters of shipment, letters of delivery, offers, letters of complaint, replies to those of mentioned above, etc. Type of correspondence has its own peculiar features. But they have much in common. Especially it concerns the style of business letters. Business 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. At the same time the style of letter should not be so simple that it becomes discourteous. The tone of business letter should be neutral without pompous language on the one hand and informal or colloquial language on the other hand. The letter should be neither too long nor too short. In business correspondence is very important to be tactful, in other words to avoid causing offence or distress is quite obvious that any business deal cannot be done without documents. A document, in its any appearance, has always been an important part of business doing.
Business contracts are impossible without correspondence all over the world. It does not matter, whether you communicate with your partner using the phone (orally) or telexes (in writing). All decisions and terms must be confirmed by documents. Business papers as correspondence (letters), telexes, enquiries, offers, claims (complaints) and contracts (agreements) are of legal importance. And as a result, business documents, written in accordance with some officially accepted forms, are the same for everybody. It has been noted, the official business language differs from other kinds of the English language, mostly because of the specific character of its functional usage that can be illustrated in classical terms of style, its predestination, and main features. Style of official documents is the most conservative one. It preserves the structural forms and the use of syntactical constructions.[3]
Archaic words are not observed anywhere else but here. Addressing documents and official letters, signing them, expressing the reasons and considerations leading to the subject of the document letter are regulated as lexically as syntactically. All emotiveness and subjective modality are completely banned out of this style. It is represented by the following sub-styles or variants: the language of business documents, legal documents, diplomacy, and military documents. Like other styles of language, this style has a definite communicative aim and, accordingly, has its own system of interrelated language and stylistic means.
The main aim of this type of communication is to state the conditions binding two parties in an undertaking and to reach agreement between two contracting parties. Subdivision of this style has its own peculiar terms, phrases and expressions, which differ from the terms of correspondence, phrases and expressions of other variants of this style. Peculiar features common for all stylistic varieties of official documents are the following:
the use of abbreviations, conventional symbols and contractions;
the use of words in their logical dictionary meaning;
absence of emotiveness;
general syntactical mode of combining several pronouncement into one sentence.
It also should be noted that the syntactical construction of this style is as important as the vocabulary.
The syntactical pattern of business correspondence style is made up from compositional patterns of variants of this style which have their own designs. The form of a document itself is informative, because it tells something about the matter dealt with. From the point of view on its stylistic structure, the whole document is one sentence. It looks like separate shaped clauses often divided by commas or semicolons, and not by full stops, often numbered. Every predicative construction begins with a capital letter in participle form or infinitive construction. For example:
Claims:
any claim concerning the quality of the goods must be presented within two months from the date of delivery;
no one claim can be considered by Sellers after expiration of the above period;
This example while illustrating structurally illogical way of combining definite ideas has its sense. It serves to show the equality of the items and similar dependence of participle and infinitive constructions or predicative constructions. Of the most striking features of this style is usage of words in their logical dictionary meaning. Type of business documents has its own set phrases and clichйs, e.g. invoice, book value, currency clause, promissory note, assets, etc., there are many differences in the vocabulary between formal and informal business correspondence. The main part of vocabulary of formal English is of French, Latin and Greek origin. Often it can be translated into informal language by replacing words or phrases of the Anglo-Saxon origin. For example:
Formal style_____Informal style
commence begin, start
conclude end, finish, stop
prolong, continue go on
Let us compare examples where these words are used in different styles. Ex: The meeting concluded with signing the contract (Formal style).
The meeting ended with signing the contract (Informal style).
Informal style is characterized by using phrasal and prepositional verbs. That is why they are not used in business correspondence. Their formal equivalents are used in official texts instead.
Formal style_____Informal style
explode blow up
encounter come across look into
Such expressions on informal style cannot be used in written business English, both logically and stylistically. They are logically excluded because they convey a little amount of information. Business documents, on the contrary, convey a lot of information almost in any word. Thus, a person should be aware of these factors and not mix up colloquial and business English drawing up a document. Terms have emotive qualities that are not present in formal language.
Formal language often insists on a greater deal of preciseness. But the problem is that not always can be found the proper equivalents in formal and informal English. The informal word job, for instance, has no formal equivalent. Instead of it, we have to look for more restricted in usage and more precise term, according to the context, among possible variants: employment, post, position, appointment, vocation etc. A rule, business English is formal. We mean using it in business correspondence, official reports and regulations. Actually, it is always written. Exceptionally it is used in speech, for example, in formal public speeches. There are various degrees of formality. For example:
After his father's death, he had to change his job. (Informal style)
On the disease of his father, he was obliged to seek for alternative employment. (Formal style)sentences mean roughly the same idea but would occur in different situations. The first sentence is fairly neutral (common core) style, while the second one is very formal, in fact stilted, and would only occur in a written business report. General grammar rules of spoken sentences are rather simple and less constructed than grammar of written sentences especially in agreements. It is more difficult to divide a spoken conversation into separate sentences. The connections between one clause and the other become less clear because the speaker relies more on the hearer's understanding of the context and situation as well as on his ability to interrupt if he fails to understand. The speaker is able to rely on features of intonation which tells us a great deal that cannot be reflected in written punctuation.[2]
Grammar use in business correspondence is also differ because of the pronouns who and whom, and the place of prepositions. For example:
She wanted a partner for her business in whom she could confide. (Formal style) She longed for a partner (who) she could confide in. (Informal style)
In what country was he born? (Formal style)
What country was he born in? (Informal style)written language is often used like impersonal style. That means that one doesn't refer directly to himself/ herself or to his / her readers but avoids pronouns. Some of the common features of impersonal language are passive sentences beginning with the introductory word it and abstract nouns. The effect of the change into a passive construction is to reverse the focus from the subject to the object of speech.use of might characterize the business correspondence because it is more tentative way of expressing possibility than may. Let us compare two sentences:
It may have been an error in a business deal might have been an error in a business deal.
In the second sentence might presuppose a greater degree of uncertainty and sounds more tactful than may of business documents are specific and aimed at a definite purpose. In order to make one's business work and work effectively, one should possess knowledge of language standards in business letters. Skilful application of this knowledge is, somehow, determined by standards of documents' writing.
If a document is written in an accepted way, it will be assessed by specialists. A unified business text takes up less time and work to compile in comparison with private letters. A writer of a business letter has a unified form in front of him / her this person follows a set pattern while doing it. All the writer's attention is focused on major information and data which represent the subject of the document. In this way an addressee can decode the subject-matter faster because a document is written in the standardized form.
The macro level an official document usually consists of a preamble, main text body and a finalizing part. Depending on the type of document the composition and content of its individual parts may slightly vary. In accordance with modern linguistics standard text structures intended for informational presentation at different language levels are called frames. The changeable elements within a text frame are called slots. Let us take a preamble to a commercial agreement as an example of a frame.
This Agreement is made this day of, 1999, by and between, [a corporation with its principal office at] or [an individual with an office and mailing address at_] ('Agent'), and [company name], a corporation organized and existing under the laws of, with its principal place of business at().
Here, in the above frame of an agreement, the blank spaces represent the slots to be filled with slot fillers (by the date, company names, addresses etc. in this example). A text frame seldom has the form of a text with blank spaces. Often it can be a frame of a standard text with stable and changeable parts, for example: Property Rights.
By this Agreement does not grant to Agent any rights or license to its trademarks, trade names or service marks. Reserves all such rights to itself. Agent shall not utilize, with out's express, prior and - written consent, any trade or service marks on trade names, and will promptly report to any apparent unauthorized use by third parties in the Territory of 's trade or service marks or trade names.
Here the italicized text fragments are presumed to be changed depending on the subject and conditions of the Agreement, e. g. «prior and written consent» may be replaced by «oral consent», etc. Business English has got certain traits and problems of its usage not only for foreigners, but for English-speaking people. 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.[1]
However, it is not an easy matter to draw an exact line between formal and informal English. Of business correspondence possesses some important qualities, common for formal style of English as well. 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. More problems are 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.
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. Are some of the most frequent problems in the theory of business correspondence?
The letter ordering goods should be made so clear that it could not possibly be misunderstood. It should be exact and complete in every detail as to quantity, quality, size, number, catalogue page and number, shape, style, colour, piece of each, or other item helping toward exact identification. If the buyer is to pay transportation charges, he/she should specify how the order must be shipped - mail, express, or fright - unless he/she leaves this matter to the one who ships. Each item must be written on a separate line beginning at the paragraph margin letter of complaint or claim should always be courteous, dignified and fair. It should state exactly the cause for complaint and should outline clearly the reasonable expected adjustment. The complainant that imputes blame or becomes sarcastic or abusive only emphasizes the author's own lack of refinement and makes less probable the adjustment he/she seeks. Terms like 'disgusted', 'infuriated', 'enraged', 'amazed' have no place in claim. Dissatisfaction can be expressed in such a way:
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. Is better to be as impersonal as possible to make the letter more polite. This can be done by using the definite article..g. the mistake must be corrected as soon as possible instead of your mistake. Is better to use Passive voice and modifying imperatives:.g. to be cleared, instead of which you must clear. 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
Main characteristics of contract as a type of official document
It is known to be a business document presenting an agreement as for the delivery of goods, services, etc., approved and signed by both the Buyer and the Seller. Legal contracts are made in writing. When striking a deal, standard contracts are widely used. Standard contracts are not a must. Some articles can be altered and supplemented. Following items are of the greatest importance in any contract:
number of a contract;
place and date of signing;
names of the Sides which sign the contract;
subject of the contract;
quality of goods;
price;
destination;
delivery time;
requirements for packing and marking;
payment terms;
conditions of submission and acceptance of goods;
transport conditions; warranty conditions and sanctions;
arbitration conditions;
force majeure;
judicial addresses of the Sides;
signatures of the seller and the buyer.
all appendices form an integral part of a contract.
Contract must be drawn up in accordance with the established form, often on special printed forms filled in with basic information by one-time writing. Sometimes, when a transaction is small in volume, a contract may be concluded by telex.
Now the most significant clauses of contract should be regarded. Subject-section names the product for sale or purchase. It also indicates the unit of measure employed in foreign trade for specific commodities. Quality of machines and equipment must be conformed to the specification of the contract. The quality of raw materials and foodstuffs is determined by standards, samples, and description. Price stated in a contract must be firm, fixed or sliding. Firm prices are not subject to be changed in the course of the fulfillment of the contract. Fixed price governs in the market on the day of delivery or for a given period. Sliding prices are quoted for machinery and equipment which require a long period of delivery. Are some kinds of payment. A cheque is a written order to a bank given and signed by someone who has money deposited there to pay a certain amount mentioned in the cheque to a person named on it.[4] In the place of the cheque system banks provide an international system of bank transfers. A draft is another order to pay. It is made out by the exporter and presented to the importer. It is sometimes called a bill of exchange. A sight draft is a bill which is paid immediately on presentation. A bill is to be paid at a later date is called a term draft. There are 30-day, 69-, 90 - and 120-day drafts. The payment is guaranteed with a letter of credit or a revolving letter of credit. And delivery terms. The so-called door-to-door transport is spread in shipping now. It involves a transfer of the goods from one kind of transport to another. The main carrier often prefers to assume through responsibility for the cargo he carries goods for export is a highly specialized job. If the goods are improperly packed and marked, the carrier will refuse to accept them, or will make qualifications about the unsatisfactory condition of packing in the bill of lading. Packing can be external (crate, bag) or internal (box, packet, flask, etc.), in which the goods are sold should be in indelible paint with recognized kind of marks. The cases in which the equipment is packed are to be marked on three sides: on the top of the case and two non-opposite sides. The marking have to be clearly made with indelible paint in the languages of the dealing sides of goods. The export trade is subject to many risks. Ships may sink or collide; consignment may be lost or damaged. While goods are in a warehouse, the insurance covers the risk of fire, burglary, as soon as the goods are in transit they are insured against pilferage, damage by water, breakage or leakage. The insured is better protected if his goods are insured against all risks majeure is a force against which you cannot act or fight. Every contract has a force majeure clause. It usually includes natural disasters such as an earthquake, flood, fire, etc. It can also include such contingencies as war, embargo, and sanctions. Moreover, there are some other circumstances beyond the Sellers' control. The Seller may find himself in a situation when he can't fulfill his obligations under the contract. While negotiating a contract, a list of contingencies must be agreed on and put into the contract. In case of a contingency the Seller must notify the Buyers of a force majeure right away. If it is done in due time the Buyer may take immediate action to protect his interest. A force majeure must be a proven fact. The Seller has to submit to the Buyer a written confirmation issued by the Chamber of Commerce to this effect. The duration of a force majeure is, as a rule, 4 or 6 months. After that the Buyer has a right to cancel the contract. In this case The Seller has no right to claim any compensation for his losses and sanctions. Its a contract that defines rights and obligations of the involved parties. More often the Buyer makes quality and quantity claims on the Seller. The cause for complaint may be poor quality, breakage, damage, leakage etc. The Buyer must write a statement of claim and mail it to the Seller together with the supporting documents: Bill of Lading, Airway and Railway Bill, Survey Report, Quality Certificate are documentary evidence. Drawings, photos, samples are enclosed as proofs of claims. The date of complaint is the date on which it is mailed. Claims can be lodged during a certain period of time, which is usually fixed in a contract. During the claim period theis to enquire into the case and communicate his reply. He either meets the claim or declines it. If a claim has a legitimate ground behind it the parties try to settle it amicably. The Seller in turn is entitled to make a claim on his counterpart if the Buyer fails to meet his contractual obligations. The Seller may inflict penalties on the Buyer if there is a default in payment. Order to speed up the preparation of contract documents and to minimize possibility of errors in them, a unified standardized form of contract documents, the Master Pattern for Contract Documents, has been developed. It establishes principles and regulations for the construction of standardized forms of documents used in foreign trade, like Supplement to contract, Order and Order confirmation to contract is a business document which is an integral part of the contract, containing amendments or additions to the previously agreed contract conditions. The supplement should be also agreed on and signed by both the exporter and the importer is a business document presenting the importer's offer for dealing which contains specific conditions of a future transaction. Confirmation is a business document presenting the exporter's message containing uncaused acceptance of the order conditions. The Master pattern has also been accepted as a basis for standardized forms of enquiries and offers, used at pre-contract stages of dealing.
Conclusion
The conclusion that therefore suggests itself is that writing of business letters is highly complicated science. It is not enough for a good business letter writing to know lexics and grammar, but you should comprehend the whole range of such things as: occasions on which the particular letter is written, the style of letter, useful expressions, and accepted idioms.
There are certain rules which not everybody could learn since they have to be felt by correspondents. Letter writing requires long practice and experience. Those who write letters should always remember, that what makes the letter attractive and therefore promotes one's business is not always the message of the letter, but it is the manner and style in which the message is written.
Peculiarities of official business papers have been studied as groups of stylistic, grammatical and lexical peculiarities which are determined by formal style of English. Formal style of English has such main features as conventionality of expression, absence of emotiveness, encoded character of the language and general syntactic mode of combining several ideas within one sentence. Stylistic peculiarities of formal written English imply usage of words in their primary logic meaning and absence of contextual meanings. Formal English is characterized by the usage of special terms.
They all are precise in meaning and rather bookish. Among them there are a lot of words of the Latin, Greek and French origin, replaced in spoken English by words of the Anglo-Saxon origin. In formal style whom is used instead of who. If there is a need in prepositions, they go before whom, which is not typical of informal style at all. Written Business English goes impersonal style. It means there are no direct addressees, passive constructions are used instead of active, a great number of amount words, modal verbs might and could are used instead of can and may. This all is done for a document to sound tentative and tactful factors mentioned make up the standard of documents' writing. Special forms help to focus readers' attention on major information and simplify process of making a deal are the following theoretical problems in studying the problem. First of all, there is a difficulty to draw a line between formal and informal English, as the latter influences formal style greatly. Sentences in documents are too long and bookish to be used freely. Documents are devoid of personal pronouns I, we, you.
The language of documents lacks force and vividness to keep strict to the point. Meanwhile, it is hard to keep one's attention while reading them due to this trait. Analysis of stylistic peculiarities of business correspondence shows that it can be observed through the syntactic pattern of business documents which is one long sentence consisting of separate numbered clauses which are divided by commas and semicolons. No connectors are used in business correspondence as they convey a little information.
Every clause is capitalized. That is done to show the equality of items of a document main stylistic peculiarities of contract are concreteness, conciseness, clearness of the idea, high capacity of information, strict logic, clear rhythm of sentences, word repetitions which accent the main idea, no connotations, cliches and stamps, usage of monosemantic words and words in their direct logical meaning, division of text into chapters, paragraphs, points, presence of the definite syntactic structure major difference of contract from other business papers is that it is made up by two sides, and information in them is approved by them both. All informational details are not suitable. Contract should be formal, complete, clear, concrete, correct and concise. It is also neat and has an attractive arrangement. The tone of contract is neutral and devoid of both pompous and informal language. It means there are no colloquial words and expressions, idioms, phrasal verbs. Abbreviations are not used if possible. Full forms of words are preferable. Sums are written both in figures and words peculiarities of the documents are characterized by high usage of verbals.[6]
Bibliography
1. Alekhina I.Y. Image and etiquette in business. M.: Business, 2003
2. Borozdina G. V. psychology of business communication. M.: INFRA-M, 1996.
3. Goykhman O. Ya., Nadeina T.M. Bases of speech communication. M.: INFRA-M, 1997.
4. Kaltunova M. V. Language of business communication. M.: Economy, 2000.
5. Holopova T.I., Lebedeva M. M. The protocol and etiquette for business people. M.: INFRA-M., 1995.
6. WINCOR, RICHARD Contracts in plain English. McGraw-Hill Inc., US 1976.
Appendix
EXAMINING ENGLISH BUSINESS LETTERS
Now let's turn to the practical point of writing business letters. They may be divided into official and semi-official. The first kind of letters is characteristic of those people working in business: an executive, a department manager, a salesman, a secretary or a specialist in business and technology. But also many people may want to buy something, to accept an invitation or to congratulate somebody - this is a kind of semi-official letters. The first kind of letters may in turn be subdivided into such groups as: inquiries, offers, orders, and so on. I am going to examine this group more carefully looking at the correspondence of Chicago businessmen and English manufactures.
Example 1
MATTHEWS & WILSON
Ladies' Clothing
421 Michigan Avenue
Chicago, III.60602
Messrs GRANT & CLARKSON
148 Mortimer Street
London WIC 37D
England October 21, 1993
Gentlemen:
We saw your women's dresses and suits at the London Fashion Show held in New York on October 17. The lines you showed for teenagers, the "Swinger" dresses and trouser suits would be most suitable for our market.
Would you kindly send us your quotation for spring and summer clothing that you could supply to us by the end of January next. We would require 2,000 dresses and suits in each of the sizes 10-14, and 500 in sizes 8 and 16. Please quote c.i.f. Chicago prices. Payment is normally made by letter of credit.
Thank you for an early reply.
Very truly yours,
P. Wilson Jr.
Buyer
This is undoubtedly an import inquiry letter. In the first part of a letter there is a kind of introduction as a prospective customer approaches supplier for the first time ,and it is from this part that we found out that the correspondents are engaged in textile industry.
The second part expresses request for detailed information about the goods in question, their prices and terms of possible transaction.
In this example we come across the abbreviation concerning the terms of delivery, that is commonly accepted in the business world. It is interesting to know what this kind of abbreviations means:
c.i.f. - cost, insurance, freight.
If consignment is to be delivered according to c.i.f., then the supplier insures the goods and pays for the whole delivery.
f.o.b. - free on board.
If consignment is to be delivered according to f.o.b., then the supplier pays for transportation to port, steamer or air shipment and dispatch; and the customer pays for onward transportation and insurance.
f.o.r. - free on rail.
It is the same as f.o.b., but for railway transportation.
c & f - cost and freight.
If consignment is to be delivered according to c & f, then the supplier pays for the whole delivery and the customer - for insurance.
It is worth mentioning here that the whole letter is written in a highly polite way, nevertheless it is quite precise and sticks to the point.
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