Engels examen
1: Typical features of a contract
-Preamble
At the start of a contract
Description of the parties to the contract
-Reticals
Whereas (considering that)
Explain the background to the contractual relationship
-Use of capitals
Capital references to the contracting parties and terms explained in the contract
For the contract, the capitalized term has a specific definition and is not used
generally
-Use of pronouns (he, she, it)
Parties are legal entitites: it(s)
Parties are natural persons: his/her
-Doublets and triplets
Standardized phrases with two or three synonyms
o If and to the extent that
o Execute and deliver
o Alter or change
o Null and void
o Cancel, annul and set aside
-Archaic compounds with here- and there-
Hereinafter referred to as
The rights herein granted
The Parties hereby agree as follows
7 days within the date hereof
Notify the parties thereof
Agreemement executed in connection therewith
As spefified therein
-Other typical phrases
The aforementioned Parties
For the purpose of this Agreement
As set out in Clause 1
Subject to the provisions of Clause 1
By any competent authority, other than a court or tribunal
Under the present Contract
The Seller undertakes to provide
Then such Provision shall be of no force
-Use of shall
To indicate duties and obligations imposed on the parties
Only if you can replace it by has a duty to
2: When is inversion used? P 38
-When clause after comma starts with a negative phrase
(Eg. Nor, under no circumstances, in no event, due to, …)
,3: Explain the message being conveyed (p37)
, 4: Boilerplate clauses
=> Explain the following clause as if explaining it to a client
Focus on the meaning/goal of the clause (why included?)
Not simply replace words by synonyms or repeat sentences
Explain entire clause (do not skip subclauses)
Be intelligible to a non-lawyer
Use formal register
Avoid language errors
Eg. For explaining
1: Typical features of a contract
-Preamble
At the start of a contract
Description of the parties to the contract
-Reticals
Whereas (considering that)
Explain the background to the contractual relationship
-Use of capitals
Capital references to the contracting parties and terms explained in the contract
For the contract, the capitalized term has a specific definition and is not used
generally
-Use of pronouns (he, she, it)
Parties are legal entitites: it(s)
Parties are natural persons: his/her
-Doublets and triplets
Standardized phrases with two or three synonyms
o If and to the extent that
o Execute and deliver
o Alter or change
o Null and void
o Cancel, annul and set aside
-Archaic compounds with here- and there-
Hereinafter referred to as
The rights herein granted
The Parties hereby agree as follows
7 days within the date hereof
Notify the parties thereof
Agreemement executed in connection therewith
As spefified therein
-Other typical phrases
The aforementioned Parties
For the purpose of this Agreement
As set out in Clause 1
Subject to the provisions of Clause 1
By any competent authority, other than a court or tribunal
Under the present Contract
The Seller undertakes to provide
Then such Provision shall be of no force
-Use of shall
To indicate duties and obligations imposed on the parties
Only if you can replace it by has a duty to
2: When is inversion used? P 38
-When clause after comma starts with a negative phrase
(Eg. Nor, under no circumstances, in no event, due to, …)
,3: Explain the message being conveyed (p37)
, 4: Boilerplate clauses
=> Explain the following clause as if explaining it to a client
Focus on the meaning/goal of the clause (why included?)
Not simply replace words by synonyms or repeat sentences
Explain entire clause (do not skip subclauses)
Be intelligible to a non-lawyer
Use formal register
Avoid language errors
Eg. For explaining
