Legal English

Construct a mind map on “Sentences”.

Offences: drug dealing, speeding, shoplifting, abduction, rape, gratuitous violence,

homicide

Sentences: custodial sentence, fines, discharge, community sentences, capital

punishment/ death sentence

Range

Maximum --------------------------------------------------------------------------- Minimum

Archaic language – compound expressions

Note the use of formal words like hereby, hereinafter, therefore, hereto and
herewith in legal documents:

I hereby promise that I will not release any further details about the matter.
The two firms, Waldorf and Statler, hereinafter referred to as the Holder and the
Receiver, agree the following.
Please find herewith three more pages that belong to the brief.
This is an urgent matter and therefore I ask you to sign and return these papers as
soon as possible.
Please study the list of prices attached hereto and reply immediately to my clerk.

Legal English uses many expressions that are old-fashioned and not commonly used in
ordinary speech. Sometimes they appear in fixed phrases, at other times they operate as
indispensable tools of the trade. Legislation, contracts, deeds and other written
documents contain the archaic adverbs of the type here/there + preposition, e.g. herein,
hereof, hereunder, heretofore, hereinbefore, therein, thereafter, etc. The adverbs with
here refer to ‘this document’ and those with there to ‘that, i.e. some other document’.
E.g.:

Hereunder = under this document (i.e. according to this document)

Hereafter = from this place on in this document

Some similar expressions sometimes increase the formality of the texts, e.g. henceforth
(from this time onwards), forthwith (immediately), etc.

The use of whereof is limited only to fixed phrases found at the ends of various
documents such as contracts, notarial deeds, etc.:

In witness whereof, I sign my hand hereunto.

In witness whereof, the parties have affixed their respective signatures.

Legal English is marked by the more formal use of shall in legal documents to refer to
obligations and duties, as the following sentence illustrates:

The company shall promptly destroy all materials if so requested.

Exercise 1. A solicitor is talking to his assistant about a phone call with a client.
Replace the underlined words and phrases. Choose from: previous dealings, express
provision, warranty, stipulates, damages, implied under statute, to the contrary

He says the terms of the (1) guarantee have been breached and his business wants to
sue for (2) compensation. The contract (3) says that if the goods are found to be
defective, they'll be repaired or replaced, and the seller is refusing to do either. Of
course, these conditions may also be (4) set out in a law. We'll need to look at the
contract to ensure there's no (5) written term (6) saying the opposite. Can you check if
his company has had (7) earlier agreements with the seller?
Exercise 2. Replace the underlined words and phrases in the exclusion clause
below with alternative ones. Choose from: breach, goodwill, arising from, duty,
damage, consequential, not be liable/ be under no liability, whatsoever, negligence

Except as provided in Condition 7.2, the seller will (1) not bear responsibility to the Buyer
(2) at all (whether in contract, tort (including (3) carelessness), breach of statutory (4)
obligation or otherwise) for any (5) harm or for any direct, indirect or (6) resulting loss
(all three of which terms include, but are not limited to, pure economic loss, loss of
profits, loss of business, loss of (7) good reputation and like loss) (8) caused by or in
connection with any (9) failure [...]

Exercise 3. Complete the standard clauses below. Choose from: construed;

jurisdiction / outside their reasonable control / of the essence / unenforceable; provision
/ language; prevail / assigned; prior to written consent

The Company shall not be liable for any failure to deliver the Goods arising from
circumstances
..............................................................................................................

Time for payment shall be .........................................................................

The contract between the Buyer and Seller for the sale of Goods shall not be
....................................... or transferred, without the
………………………………............................................ of the seller.

This Agreement shall be governed by and ..................................................... in

accordance with the law of England and the parties hereby submit to the exclusive
........................................... of the English courts.

If any provision of these Conditions is held by any competent authority to be invalid or

............................................................. in whole or in part, the validity of the other
provisions of these Conditions and the remainder of the
..................................................... in question shall not be affected thereby.

This Agreement is drawn up in the English language. If this Agreement is translated into
another ..................................................., the English text shall in any event
.................................... .

Exercise 4. What is the meaning of the underlined words?

The special clauses set out in Article 7 shall take precedence over any provisions in this
grant agreement.

The Commission aims to implement the 7th Research Framework Programme (FP7) and it
is incumbent on the Commission to execute FP7. Accordingly, this grant agreement shall
be governed by the terms of this grant agreement.

The beneficiaries are deemed to have been notified in advance.

The project coordinator shall endeavour to ensure that each legal entity identified below
accedes to this grant agreement as a beneficiary, assuming the rights and obligations
established by the grant agreement with effect from the date on which the grant
agreement enters into force.

The Court of Justice of the European Communities shall have sole jurisdiction to hear any
dispute between the Community and any beneficiary concerning the interpretation,
application or validity of this grant agreement.

By derogation of Article 4…

Without prejudice to paragraph 1e above,…

Attendance at the kick-off is mandatory

All the decisions were left to our discretion

Pursuant to our agreement