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The characteristic of English contract (2)
From;    Author:Stand originally

The characteristic using a word of English contract (Formal Term)

Of contract English observe and study extremely with the word, have specific sex. Requirement choosing word specializations (Professional) , formal (Formal) , accurate (Accurate) . Particular system is following now respect:

1, May, shall, must, the use of May Not (or Shall Not)

May, shall, must, may Not (or Shall Not) had not been familiar with had learned English person again, but want when these words are used in the contract extremely careful. The agreement of right obligation sees the principal part that made a contract partly surely. If these a few words are chosen undeserved, may pose issue.

May aims to agree the right of party (what can do) , the obligation of Shall agreement party (ought to do when) , must makes sexual obligation with Yu Jiang (what must do) , may Not (or Shall Not) are used at prohibiting the gender is compulsory (what must not do) . May Do cannot say Can Do Shall Do, cannot say Should Do or Ought To Do, may Not Do is in the United States file of a few law can use Shall Not, but cannot use Can Not Do or Must Not absolutely)

For example, when the agreement settles the way of controversy, can say:

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.

A medium Shall and May expression are accurate. Should talk things over when go ahead of the rest after occurrence controversy, used compulsory sex so " agreement " , if talk things over,be not solved, as the right of party, with alternative agreement May very appropriate also. If how are May and Shall exchange seat met? Before half Shall is changed after using May, the meaning became party to be able to be solved through talking things over, the justifiable on the meaning, but second half sentence May is changed after using Shall, became ought to lawsuit is solved, seem to have an accident, be about forethought official, this is a little chilly.

This sentence but interpret: Both sides should be passed above all friendly talk things over, solve what happen because of the contract or the controversy that concerns with the contract. If talk things over not if really, agree without arbitral clause again in the contract or did not reach with respect to the arbitration after controversy happening assist square, can submit dispute jurisdictional people court is solved.

2, formal vocabulary (Formal Term)

Contract English is having earnest color, have with other English work very big different.


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