1 / 12

ENGLISH FOR LAW STUDENTS

ENGLISH FOR LAW STUDENTS. Contracts/legal terms and concepts Structure of a commercial contract 23 January 2013 By Helen Michelle Jørgensen. TRANSFERRING A CONTRACT. What is the difference between: Assignment Novation. SIGNING FORMALITIES. Under hand Under seal By a Director

alfonso-rivers
Télécharger la présentation

ENGLISH FOR LAW STUDENTS

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. ENGLISH FOR LAW STUDENTS Contracts/legal terms and concepts Structure of a commercial contract 23 January 2013 By Helen Michelle Jørgensen

  2. TRANSFERRING A CONTRACT What is the difference between: • Assignment • Novation

  3. SIGNING FORMALITIES • Under hand • Under seal • By a Director • By another authorised person • By an Attorney-in-Fact What evidence of authority to look for How is the document signed

  4. FORMS OF EXECUTING What is: • a Deed • a Common Seal

  5. SIGNING FORMALITIES What is the difference between: • Apostille/Apostillise • Notary/Notarise When are these necessary Handout: Apostilise/Notarise

  6. HISTORICAL BACKGROUND FOR USE OF CERTAIN LEGAL WORDS • Legal language was Latin, then French, then English • ”Law” French was gradually replaced by ”Law” English • Result: acceptance of pairing/doublets • Result: old fashioned terminology

  7. THREE LANGUAGES COMPETING FOR ATTENTION – SOLUTION: • Legal doublets and triplets • Hallmark of legal English • Styllistic habit or ‘sounds right’ • Needless string of words with the same or nearly the same meaning Handout: Legal Doublets and Triplets

  8. VARIATIONS • Treaty/convention • Duty/obligation • Right/entitlement • Act/statute • Purchaser/buyer • Seller/vendor • Customer/client

  9. Commercial contracts Structure of a commercial contract Handouts: Specimen contracts

  10. Structure of a typical commercial agreement • Objective - logical sequence – easy to read • Index - clause numberings and headings, schedules • Parties • Recitals - history and background • Definitions - terms which are long and repeated several times - a shorthand ‘label’

  11. Structure of a typical commercial agreement • Main operative clause - describes the main comnmercial transaction • Consideration/price • Conditions • Warranties • Confidentiality • Duration and termination

  12. Structure of a typical commercial agreement • Miscellaneous clauses/‘Boiler plate’ • Schedules • Appendices • Exhibits • Execution blocks

More Related