Upload
alfonso-rivers
View
91
Download
2
Tags:
Embed Size (px)
DESCRIPTION
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 - PowerPoint PPT Presentation
Citation preview
ENGLISH FOR LAW STUDENTS
Contracts/legal terms and conceptsStructure of a commercial contract
23 January 2013By 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
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