Hi again, and welcome to The Art of Business English’s third instalment of the 3-part mini-series dedicated to terms which you might come across when dealing with diverse types of contracts, especially those related to employment.
As you will notice, along with specific legal vocabulary, I have chosen to include in this episode some adverbs, conjunctions and phrases which are commonly used to link and explain the clauses of a contract, and which might pose a challenge when trying to understand them.
If you haven’t checked the previous episodes, you can listen to episode 184 here and episode 185 here.
Make sure you subscribe to the podcast here, so that you don’t miss out on any future updates.
As always, I have provided you with the meaning and an example sentence for context.
One last thing, this list is pretty long, so grab a pen and get ready to take some notes, or alternatively, you can head over to the AOBE website and read the episode blog post.
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Hereinafter
Meaning:
Starting from this time; in the future.
Example:
“A clerk, surveyor and auditor have been appointed at a salary or remuneration to be hereinafter determined in accordance with the amount of work entailed.”
Watch the episode here
Subject matter
Meaning:
The things that are being talked or written about, or used as the subject of a contract, piece of art, etc.
Example:
“Contracting authorities retain the possibility to define the subject matter of a contract or impose conditions relating to the execution of the contract.”
Terms and conditions
Meaning:
The clauses that are part of an agreement or arrangement, or the features of an activity or idea.
Example:
“He violated the terms and conditions of the agreement.”
Statutes
Meaning:
A law that has been formally approved and written down.
Example:
“This statute would qualify them for grants to train talented young people.”
Regulatory tool
Meaning:
Explicit state interventions in policy, plan, project, or programme processes, in pursuit of specific societal outcomes.
Example:
“A common regulatory tool used by governments to help ensure accountability is to require the submission of reports.”
Amended
Meaning:
To change the words of a text, especially a law or a legal document.
Example:
“They were too hasty to amend or drop initiatives that did not work immediately.”
Duties (obligations)
Meaning:
Something that you have to do because it is part of your job, or something that you feel is the right thing to do.
Example:
“His duties included photographing engineering projects such as bridges and airfields.”
Refrain from
Meaning:
To avoid doing or stop yourself from doing something.
Example:
“We call on all sides to refrain from any steps that could further aggravate the situation.”
Impair
Meaning:
To spoil something or make it weaker so that it is less effective.
Example:
“Alcohol can impair your judgement and coordination, that is why you should never drive after having drunk.”
Pursuant to
Meaning:
According to something.
Example:
“The committee will issue a decision within 15 days pursuant to rule 182.”
Entitled to
Meaning:
Having a right to certain benefits or privileges.
Example:
“I understand that if I cancel after the ten (10) day period, I am not entitled to a full refund.”
Claim
Meaning:
A legal right to own something such as a property, business, etc. To officially request payment from someone who is responsible for an injury, loss, etc.
Example:
“A breach of contract will give the employer the right to claim damages from the employee.”
Deriving from
Meaning:
To come from something.
Example:
“Some of these risks will derive from conflicting interests.”
Nominated/delegated by
Meaning:
To officially choose someone to do a particular job or task.
Example:
“The candidate nominated by the Board is chosen by secret ballot, and his or her name is communicated to the General Conference.”
Comply with
Meaning:
To obey a particular rule, law, or act according to an agreement.
Example:
“The state's mining law requires mine operators to comply with local land use regulations.”
On behalf of
Meaning:
To represent a person, company, etc. or deal with their business for them.
Example:
“The request is made on behalf of the Executive Director of the South Centre.”
In compliance with
Meaning:
To act according to law, an agreement, etc.
Example:
“The company acted in compliance with the guidelines.”
Shall remain property of
Meaning:
A clause which defines the ownership of a product, idea, etc.
Example:
“Any tools or equipment provided to the employee to help them complete their work successfully shall remain the property of the company.”
Fulfilment
Meaning:
Doing something that is necessary or something that someone has wanted or promised to do.
Example:
“The manufacturer guarantees heightened quality of all products, as well as fulfilment of the standards and requirements.”
Gainful
Meaning:
Providing something useful such as money or work.
Example:
“The state is making significant efforts to help welfare recipients find gainful employment.”
Revoke
Meaning:
To say officially that an agreement, permission, a law, etc. is no longer in effect.
Example:
“Both of these agreements may be revoked at any time.”
Thereof
Meaning:
Of or about the thing just mentioned.
Example:
“Please refer to the Regulations and in particular Articles 99 and 100 thereof.”
Insofar as
Meaning:
To the degree that.
Example:
“Insofar as the contractual relationship between the Player and the Club is affected (in any aspect), the Player hereby grants the Club the irrevocable, exclusive, worldwide and unlimited right to use and exploit his name, image, voice, appearance, performance and biographic material in any media, in any form and for any and all purposes.”
Scope of
Meaning:
The range of things that an activity, company, law, etc. deals with.
Example:
“He involved himself in affairs beyond the scope of his job.”
Prior to
Meaning:
Before a particular time or event.
Example:
“It is vital that boards, management, and shareholders fully appreciate the risks and rewards prior to any merger.”
Final thoughts
I hope you found this mini-series useful and that it helps you to understand better the way a contract is drawn up. As always, if you have any questions or would like to add your own terms to the list, don’t hesitate to leave me a message on speakpipe or a comment on the blog.
Also, if you’d like to improve you English in a particular area, why don’t you take a look at our private lessons programme. We will be happy to design a course suited to your needs
Take care till next week!
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