SOME CATEGORIES OF LANGUAGE CONTRACT.pptx

gamberetta12 11 views 8 slides Jun 14, 2024
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About This Presentation

Hi,
I hold a Master degree in TESOL, and worked as a lecturer of English, an interpreter/translator at multinational companies. This short but effective slide can serve as the guideline for using language in composing contract. For more details, in-depth materials, explanation, and sample contracts....


Slide Content

SOME CATEGORIES OF CONTRACT LANGUAGE Language of Obligation Language of Discretion Language of Prohibition Choosing between discretion and prohibition

Discussion : Jane is entitled to receive a salary of $200,000 a year. Jane will receive a salary of $200,000 a year. PepsiCo is obliged to pay Jane a salary of $ 200,000 a year. PepsiCo must pay Jane a salary of $200,000 a year. PepsiCo shall pay Jane a salary of $200, 000 a year. 1) Language of Obligation

Conclusion : Use “shall” to impose obligation on a subject.

The indemnified party may , at its own expense, retain separate co-counsel . The indemnified party is authorized to retain, at its own expense, separate co-counsel . The indemnified party may but is not required to retain, at its own expense, separate co-counsel . The indemnified party can , at its own expense, retain separate co-counsel. 2) Language of Discretion

Conclusion : Use………for discretion

The Customer shall not modify the Equipment without the Company’s prior written consent . The Customer may not modify the Equipment without the Company’s prior written consent . The Customer shall in no way modify the Equipment without the Company’s prior written consent. The Customer cannot   modify the Equipment without the Company’s prior written consent. 3) Language of Prohibition

Conclusion : Use….. for prohibition

If the Vendor receives the Company’s prior written consent, the Contractor may cause one or more subcontractors to perform services. Unless the Vendor receives the Company’s prior written consent, the Vendor shall not cause any subcontractors to perform services. Choosing between discretion and prohibition