PRACTICE WITH THE LANGUAGE OF CONTRACT
Exercise 1. Match the words or phrases with the definitions below.
in the event of = if (f)
terminated = ended
forthwith = immediately
extent = amount/level
territory = an area of land
entitled to = have the right to V
compensation = payment for sth that is lost/damaged (boi thuong)
manner = the method/way of doing sth (cach thuc)
Exercise 2. Lawyers sometimes use expressions that are very formal when they
draft contracts. Here is a list of formal expressions that you will often see in
contracts.
in the near future = soon until such time as = until
at the present time = now on the part of = by (boi/do nguoi nao)
in the event of = if due to the fact that = because
during such time as = while not less than = at least
Complete the alternative sentences with a more modern word or expression from the
blue box in Exercise 2.
a. During such as time as this contract is in effect the parties agree to the following terms.
……………………… this contract is in effect the parties agree to the following terms.
b. In the event of breach the party in breach must provide a remedy within seven days.
……………… there is a breach of contract the party in breach must provide a remedy
within seven days.
c. This contract will continue until such time as one of the parties terminates it by giving
four weeks’ notice in writing.
This contract will continue …………… one of the parties terminates it by giving four weeks’
notice in writing.
d. Due to the fact that there was fire at the premises of Forum Marketing Ltd we cannot
hold our meeting there next week.
…………… there was a fire at the premises of Forum Marketing Ltd we cannot hold our
meeting
there next week.
e. The meeting cannot take place on Wednesday but it is important that we have it in the
near future.
The meeting cannot take place on Wednesday but it is important that we have it
………………..
f. We cannot consider employing any more people at the present time, as we do not have
enough work for them.
We cannot consider employing any more people ……………… , as we do not have enough
work
for them.
g. Due to some very hard work on the part of employees the new business was very
profitable in its first year of trading.
Due to some very hard work …………… employees the new business was very profitable
in its first year of trading.
h. A party who wishes to terminate this contract must give not less than four weeks’ notice
in writing.
A party who wishes to terminate this contract must give …………. ….. four weeks' notice in
writing.
Exercise 3. There are two important formal expressions that lawyers often use in
contracts
Notwithstanding = despite / in spite of
Notwithstanding means despite or in spite of something. For example, The new law
concerning the protection of the environment will come into force next year, notwithstanding
a huge amount of opposition to it from industry’.
inasmuch as (ở chừng mực nào đó) + clause
Inasmuch as means that what you are saying in the rest of your sentence is true only in a
limited way or to a certain extent. For example, 'Caroline is a good lawyer inasmuch as she
usually gets a good result in court. However, she is not very good at keeping up to date with
important work’.
Use the correct expression, ‘notwithstanding’ or ‘inasmuch as’, in the following
sentences.
a. Some good has come from my uncle’s death inasmuch as he left a lot of money to a
children’s charity in his will.
b. I agree to sign this contract notwithstanding the fact that I have some doubts about
your ability to deliver the goods to me on the due date.
c. She was employed by one of the top law firms in London notwithstanding her lack of
experience.
d. The judge in the Court of Appeal held that the court of first instance made a mistake
………………….. inadmissible evidence was taken into consideration.
Exercise 4. Look at the definitions of the archaic terms below. Complete the
sentences that follow with one of the archaic terms from the list. You will need to use
each word only once.
(here = these document, contract)
Hereby - by means of this document/with these words/with this action.
‘I hereby accept your offer.’
Herein - in this document.
'The price named herein is final and non-negotiable.’
Hereinafter - starting from this time/later in this document. (sau đây gọi là … trong hợp
đồng này)
‘ATL Electrics pic, hereinafter known as "the Company".’
Heretofore - earlier in this document/previously/before the time of writing. (trước đây gọi là
… trong hợp đồng này)
'The property heretofore known as Downing House is renamed Appleby House.’
Hereunder - in a later part of this document/under the terms of this agreement. The terms
and conditions are listed hereunder.'
a. Royal Airlines Limited hereinafter referred to as 'RAL'. (later in this document)
b. The Author guarantees to the Publisher that the Work is heretofore unpublished by any
other
company or individual. (previously)
c. In consideration of the sum of £10,000, receipt of which the Seller hereby
acknowledges.
(by means of this document)
d. Any products referred to herein remain the property of the Supplier until the Customer
pays for them in full, (in this document)
e. In case of dispute between the parties, any arbitration (trọng tài) conducted hereunder
will be conducted by Arbitrators Direct of London, (under the terms of this contract)
Exercise 3. Look at the definitions of some more archaic terms below. Complete the
sentences that follow with one of the archaic terms from the list. You will need to use
each word only once.
(there: tham chiếu cho 1 cụm danh từ trước đó trong văn bản); chú ý giới từ dịch
phù hợp
Thereby - as a result of this or that action.
‘Your client signed the contract and thereby entered into a binding (ràng buộc) agreement.’
Therein - in or into a particular place orthing/in that/in there.
The rented property and the furniture contained therein (property).'
Thereon - on it/on there/on what I have just mentioned.
The amount borrowed and the interest due thereon must be repaid by 10 March 2010.’
Thereinafter - later in that place or thing/later in what I have just mentioned.
‘We were defined in that contract as the Company and we were known as the Company
thereinafter.'
Thereto - to it, to the thing that I have just mentioned.
‘At the meeting we will discuss Mrs Jones’ will and all matters related thereto.'
a. He sold the company and ……………………… became a millionaire, (as a result of
that action)
b. I enclose a copy of the contract. Please return it to me together with any amendments
…………….. (to the contract I have just mentioned)
c. The owner of the land and any person who wishes to claim an interest ………………….
should
contact this firm of solicitors as soon as possible, (in the land that I have just mentioned)
d. The defamatory story in the newspaper refers to my client in the first paragraph and
refers to her ………………. another four times in total, (later in the thing that i have just
mentioned)
e. The Buyer agrees to insure the painting and to pay any import tax due ……………….
upon
delivery to the UK. (on that particular thing)
Exercise 4. There are certain archaic words that lawyers use in contracts to mean
'mentioned in an earlier part of this document’. These words are:
said aforesaid aforementioned (previously mentioned) the same
LANGUAGE OF CONTRACT
- Tìm mệnh đề chính dịch liền mạch mệnh đề chính
(nếu người mua có khiếu nại về khuyết tật và sự sai khác của hàng hoá,
At his own cost and expense: chịu mọi chi phí
Shall: has the duty to (phải), not refered to the future
Be subject to = dependent on = be likely to be affected by
(this contract is subject to the laws of socialist republic of VN hợp đồng này chịu sự
điều chỉnh bởi nước Cộng hoà Xã hội Việt Nam)
Include but are not limited
= include but are not limited/restricted to
= include without limitation/restriction to
Without prejudice to = without harming or affecting sth: (cái gì) không ảnh hưởng tới
Unless otherwise (trừ khi) = if nothing else stated