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語境對英語銷售合同的影響_英語專業(yè)論文-wenkub

2023-04-22 01:29:15 本頁面
 

【正文】 nsportation, and insurance, etc. So, there are also a lot of professional words about sales contracting in English sales contracts.Eg7. FOB (到岸價)CIF (離岸價)Inspection (檢驗)Insurance (保險)Shipping marks (嘜頭)Shipment (裝運)Packing (包裝)Unit Price (單價)Port of Loading (裝運港)Port of Destination (目的港)(2)Usage of Legal Words As I said, sales contracts is also a kind of legal documents, which holds legal restrictions on contracted parties, English sales contracts of course include a lot of legal words. The usage of legal words on one aspect make the expression formality and authoritative, on the other aspect make the statement about rights and obligations clear.Eg8. Arbitration (仲裁)Termination (終止)Jurisdiction (管轄)Damages (賠償金)Negotiations (協(xié)商) (車麗娟:2008:) Usage of May, Shall, Should, Will, May not, Shall not, etc Words like may, shall, should, will, may not, shall not are monly used in ordinary works. But in contracts, these words are of specific meaning, which are not the same as ordinary using and should be given special concern.a. “May” is used in the situation to express rights, power, or privileges in contracts.b. “Shall” does not simply express the future tense, but often denotes obligations, which can be executed forcibly by laws. If ether party failed to perform its obligations, then it is deemed to breach contracts. Then a pensation obligation is formed. So, in Chinese, shall is often translated as“應該” or “必須”. Eg9. The parties hereto shall, first of all settle any dispute arising from or in connection with the contract by friendly negotiations. Should such negotiations fail, such dispute may be referred to the People’s Court having jurisdiction on such dispute for settlement in the absence of any arbitration clause in the disputed contract or in default of agreement reached after such dispute occurs. (車麗娟:2008:165) In the sentence, negotiation with the other party over disputes is an obligation. So, shall is used at first. Latter, if disputes cannot be settled by negotiation, they can be referred to the People’s Court. But referring them to the People’s Court is now a right. So, may is used.c. “Should” is usually used to express a weaktone suppose, to provide some accidences or exceptions.d. “Will” is monly used in the condition that without legal force, only to express a statement of mitment. Its tone and force is weaker than shall.e. “May not, shall not” are used to express forbidden conducts, meaning mustn’t do something. Ancient Words’ Using There are a lot of ancient words appear in English sales contracts. The most typical ones are pounded adverbs formed by here, there, or where plus one or two prepositions, such as hereinafter, whereas, thereof, hereto. These pounded adverbs usually role as attributives or adverbials in sentences. In a sales contract, repetition of some nouns can be avoided by the usage of these ancient words so as to avoid too long a sentence. Otherwise, usage of ancient words makes the expression of contracts formal, precise and concise.Eg9. This contract is made by and between AA Corporation (hereinafter referred to as “the Buyer”) and BB Company (hereinafter referred to as “the Seller”) whereby the Buyer agrees to buy and the Seller agrees to sell this modity on the following terms and conditions: (王依寧:2007:158) Contexts Impact on Words of English Sales Contracts In the environment of contexts, words are also influenced by context. The contexts impact on words of English sales contracts can be shown from three aspects: words features, words meaning and words usage. Here I’d like to discuss the contexts impact on words of English sales contract in five detail points: 1. Contexts determines words features. 2. Contexts lead to a monomeaning. 3. Contexts concrete words meaning. 4. Contexts supplement and enrich words meaning. 5. Contexts change words meaning and words usage. Contexts Determines Words Features Sales contract itself is a context, which determines words in contracts should be precise, formal, professional and clear. The contexts of English sales contract itself makes the words used in contracts hold the features of precise, formal, professional, usage of ancient words, usage of shall, may, should, etc. Contexts Lead to a Monomeaning Even though a word may have several meaning, it holds only one meaning in a specific context. It is the restriction of contexts leads the word to express only one meaning.Eg10. All disputes arising from the execution of or in connection with the contract shall be through amicable negotiation between both parties. (馬若飛:2004:110)Word “party” has several meaning, for example: 1. An occasion when people meet together, to enjoy themselves by eating, drinking, dancing, etc. 2. An organization of people with the same political beliefs and aims. 3. A group of people that someone has formed in order to go somewhere or do something in an organized way, etc. However, in the above term, the word “party” holds only one meaning, the third meaning. It is the context of a contract and the sentence context that lead it to express only one meaning. Contexts Concrete Words Meaning Sometimes words in a sentence are abstract or not so concrete, which may lead to some imagination of the words. But by understanding the contexts, readers can immediately know what it exactly means. It is the contexts that connect the abstract words with some specific things, persons, contents or features, so as to express a specific and concrete meaning. Eg11. This CONTRACT is made by and between the Buyer and the Seller through friendly negotiations, whereby the Buyer agrees to buy and the Seller agrees to sell the under mentioned goods on the terms and conditions stated below: Name of the modity: Forever photocopy paper Specifications: B4 (207*364mm) Quantity: 5000 cases Price: HK $ 190 per case Packing: Ha
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