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  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