When relating the subject of a sentence with the main verb, the basic rule is that a singular subject takes a singular verb, while a plural subject takes a plural verb. The difficulty lies in knowing whether the subject and verb are singular or plural.
Here are some specific rules together with examples of usage. Note that this is by no means an exhaustive list.
(1) When the subject of a sentence is composed of two or more nouns or pronouns connected by and, use a plural verb. For example:
The attorney and her assistant are in court today.
(2) Two singular subjects connected by or or nor require a singular verb. For example:
My lawyer or my accountant is attending the meeting today.
(3) Two singular subjects connected by either/or or neither/nor require a singular verb. For example:
Neither my lawyer nor my accountant is available.
(4) When a singular subject is connected by or or nor to a plural subject, put the plural subject last and use a plural verb. For example:
Your signature as well as those of the other parties go at the bottom of the document.
(5) In circumstances where the subject is separated from the verb by words such as along with, as well as, besides, or not, disregard these expressions when deciding which verb form to use. For example:
My lawyer, along with my accountant and one of his colleagues, is expected to arrive later.
(6) Ignore these expressions when determining whether to use a singular or plural verb.
(7) The pronouns each, everyone, every one, everybody, anyone, anybody, someone, and somebody are singular and require singular verbs. For example:
Each of the candidates is capable of the doing the job well.
(8) The phrase the number should be followed by a singular verb, but the phrase a number should be followed by a plural verb. For example:
The number of different companies involved in this process is five.
But:
A number of different companies are involved in this process.
(9) A singular verb should be used with sums of money or time periods. For example:
Five years is a long time to wait for a court hearing.
(10) Nouns ending in ‘s’ normally require plural verbs but not always. The words news, mathematics, and dollars (among others) require singular verbs. For example:
I'm afraid the news is bad.
Monday, 7 May 2012
Wednesday, 18 April 2012
Criminal Law Case Study: Answer Key
Here is the answer key for the previous post.
Exercise 1
1) true
2) false
3) false
4) false
5) true
Exercise 2
(1)-(c)
(2)- (a)
(3)-(b)
(4)-(d)
(5)-(c)
(6)-(a)
(7)-(d)
(8)-b)
(9)-(a)
(10)-(d)
Exercise 3
(1) of
(2) from
(3) to
(4) after
(5) on
(6) with
(7) by
(8) on
(9) for
(10) to
Exercise 1
1) true
2) false
3) false
4) false
5) true
Exercise 2
(1)-(c)
(2)- (a)
(3)-(b)
(4)-(d)
(5)-(c)
(6)-(a)
(7)-(d)
(8)-b)
(9)-(a)
(10)-(d)
Exercise 3
(1) of
(2) from
(3) to
(4) after
(5) on
(6) with
(7) by
(8) on
(9) for
(10) to
Criminal Law Case Study: Exercises
Case summary: R v Arnaouti
Read the case summary below and then try the exercises on it. Refer to the 'answer key' post for the answers.
In 2005, a British court jailed four members (1) ____ a counterfeit money gang for a combined total of 21 years. The gang, whose members hailed (2)_____ Liverpool and Manchester, had printed more than £2.5m worth of fake £10 notes and $3.5m worth of counterfeit US notes. Its members were brought (3) _____ justice as the result of a joint operation between the National Crime Squad and the US Secret Service. The suspicions of the US authorities had been aroused (4) _____ British holidaymakers arriving in Florida started trying to pass fake dollars.
The scam was described as ‘sophisticated and audacious’. Det Supt Lewis of the National Crime Squad commented as follows:
‘This is one of the most sophisticated counterfeit printing operations we've uncovered in recent years. These were good quality banknotes, good quality travellers' cheques which could have had a very significant undermining effect on those economies.’
The crime was uncovered after police raided a printing firm in Ashton-under-Lyne, Greater Manchester, in December 2002. The printing firm turned out to be bogus – a mere front for the counterfeiting operation. Police found counterfeiting machinery (5) ______ the premises, including a four-colour printer, a paper guillotine, papers and inks, as well as a number of holdalls packed (6) ____ fake notes.
One interesting feature of the case was the role played (7) _____ an investigative team from the BBC. During a six-month surveillance operation, a team of undercover BBC reporters infiltrated the gang. Posing as crooks, they were able to secretly film the gang producing £10 and £20 notes and $100 bills.
Commenting (8) _____ this aspect of the case, Judge Bernard Lever said the BBC ‘must ensure they are extremely careful in vetting undercover operatives and must understand the frustrations of police involved in the other matter’. He added: ‘However, senior managers and employed journalists at the BBC acted in good faith and two people sentenced today were sentenced on evidence from the BBC.’
The ringleader of the gang, Anatasios Arnaouti, a 37-year-old Mancunian, was jailed (9) ____ eight years for conspiracy to make counterfeit currency, conspiracy to pass counterfeit currency and conspiracy (10) ____ handle stolen goods.
The judge told him he was a highly intelligent and devious criminal, adding: ‘You were the instigator and prime mover and this massive enterprise was your brainchild.’
Exercise 1: true or false?
Read the case summary and decide whether the statements below are true or false.
1) One of the members of the counterfeiting gang was jailed for a period of eight years. (true/false)
2) The gang’s counterfeiting operations took place both in Manchester and in Florida. (true/false)
3) When the police raided a printing firm in Ashton-under-Lyne in 2002, they caught the gang in the act of manufacturing fake banknotes. (true/false)
4) Det Supt Lewis did not think that the counterfeiting operation could have had a damaging effect on the economic situation in Britain and the USA. (true/false)
5) The judge in the case warned the BBC to be careful when selecting people to take part in undercover operations. (true/false)
Exercise 2: synonyms
The words and phrases listed from (1) to (10) below are all used in the case report. Decide which of the alternative words listed from (a) to (d) is the most appropriate synonym for them in the context of the case report.
1) bogus
a) untrue
b) imitation
c) sham
d) fictitious
2) holidaymaker
a) tourist
b) tour operator
c) hedonist
d) travel agent
3) vet
a) review
b) check out
c) scrutinise
d) treat
4) in good faith
a) with devotion
b) devoutly
c) reasonably
d) with honest belief and intention
5) devious
a) indirect
b) very naughty
c) cunning
d) circuitous
6) instigator
a) leader
b) mentor
c) hooligan
d) agitator
7) holdall
a) box
b) suitcase
c) drawer
d) bag
8) crook
a) culprit
b) criminal
c) malefactor
d) delinquent
9) brainchild
a) idea
b) prodigy
c) fault
d) fancy
10) jail
a) remand
b) suspend
c) sentence
d) imprison
Exercise 3: prepositions
Prepositions are words used with a noun or pronoun which show place, position, time or method. Prepositions such as to, in, from, between, after, before etc. normally come before a noun or pronoun and give information about how, when or where something has happened (‘she arrived before lunch’, ‘I travelled to London’).
Insert the correct prepositions in the gaps numbered from (1) to (10) in the case report.
Read the case summary below and then try the exercises on it. Refer to the 'answer key' post for the answers.
In 2005, a British court jailed four members (1) ____ a counterfeit money gang for a combined total of 21 years. The gang, whose members hailed (2)_____ Liverpool and Manchester, had printed more than £2.5m worth of fake £10 notes and $3.5m worth of counterfeit US notes. Its members were brought (3) _____ justice as the result of a joint operation between the National Crime Squad and the US Secret Service. The suspicions of the US authorities had been aroused (4) _____ British holidaymakers arriving in Florida started trying to pass fake dollars.
The scam was described as ‘sophisticated and audacious’. Det Supt Lewis of the National Crime Squad commented as follows:
‘This is one of the most sophisticated counterfeit printing operations we've uncovered in recent years. These were good quality banknotes, good quality travellers' cheques which could have had a very significant undermining effect on those economies.’
The crime was uncovered after police raided a printing firm in Ashton-under-Lyne, Greater Manchester, in December 2002. The printing firm turned out to be bogus – a mere front for the counterfeiting operation. Police found counterfeiting machinery (5) ______ the premises, including a four-colour printer, a paper guillotine, papers and inks, as well as a number of holdalls packed (6) ____ fake notes.
One interesting feature of the case was the role played (7) _____ an investigative team from the BBC. During a six-month surveillance operation, a team of undercover BBC reporters infiltrated the gang. Posing as crooks, they were able to secretly film the gang producing £10 and £20 notes and $100 bills.
Commenting (8) _____ this aspect of the case, Judge Bernard Lever said the BBC ‘must ensure they are extremely careful in vetting undercover operatives and must understand the frustrations of police involved in the other matter’. He added: ‘However, senior managers and employed journalists at the BBC acted in good faith and two people sentenced today were sentenced on evidence from the BBC.’
The ringleader of the gang, Anatasios Arnaouti, a 37-year-old Mancunian, was jailed (9) ____ eight years for conspiracy to make counterfeit currency, conspiracy to pass counterfeit currency and conspiracy (10) ____ handle stolen goods.
The judge told him he was a highly intelligent and devious criminal, adding: ‘You were the instigator and prime mover and this massive enterprise was your brainchild.’
Exercise 1: true or false?
Read the case summary and decide whether the statements below are true or false.
1) One of the members of the counterfeiting gang was jailed for a period of eight years. (true/false)
2) The gang’s counterfeiting operations took place both in Manchester and in Florida. (true/false)
3) When the police raided a printing firm in Ashton-under-Lyne in 2002, they caught the gang in the act of manufacturing fake banknotes. (true/false)
4) Det Supt Lewis did not think that the counterfeiting operation could have had a damaging effect on the economic situation in Britain and the USA. (true/false)
5) The judge in the case warned the BBC to be careful when selecting people to take part in undercover operations. (true/false)
Exercise 2: synonyms
The words and phrases listed from (1) to (10) below are all used in the case report. Decide which of the alternative words listed from (a) to (d) is the most appropriate synonym for them in the context of the case report.
1) bogus
a) untrue
b) imitation
c) sham
d) fictitious
2) holidaymaker
a) tourist
b) tour operator
c) hedonist
d) travel agent
3) vet
a) review
b) check out
c) scrutinise
d) treat
4) in good faith
a) with devotion
b) devoutly
c) reasonably
d) with honest belief and intention
5) devious
a) indirect
b) very naughty
c) cunning
d) circuitous
6) instigator
a) leader
b) mentor
c) hooligan
d) agitator
7) holdall
a) box
b) suitcase
c) drawer
d) bag
8) crook
a) culprit
b) criminal
c) malefactor
d) delinquent
9) brainchild
a) idea
b) prodigy
c) fault
d) fancy
10) jail
a) remand
b) suspend
c) sentence
d) imprison
Exercise 3: prepositions
Prepositions are words used with a noun or pronoun which show place, position, time or method. Prepositions such as to, in, from, between, after, before etc. normally come before a noun or pronoun and give information about how, when or where something has happened (‘she arrived before lunch’, ‘I travelled to London’).
Insert the correct prepositions in the gaps numbered from (1) to (10) in the case report.
Tuesday, 2 August 2011
List of Prepositions Used in Legal English
Here is a non-exhaustive list of prepositions in common usage in legal English, together with examples of usage. Note that prepositions are sometimes used in twos (pursuant to, owing to, due to etc) and even threes (as far as, by means of, in accordance with etc), and examples of prepositions strung together in this way are also included below.
One word
about – the lawyer was about to go into court when the telephone rang
above – please refer to the paragraph above which deals with the insurance arrangements
across – she went across to the court to issue the proceedings
after – the contract was signed after the parties had agreed the prices to be paid for the goods
against – the company began trademark infringement proceedings against one of its competitors
along – the client did not go along with the advice given by the lawyer
among (or amongst) – a copy of the plan of the property was found among the papers in the file
around – we expect the purchase price to be around €500,000
at – the contract stipulates that the goods must arrive at the depot at 10.00 on 13 July
before – the lawyer appeared before the judge in court and argued her client’s case
behind – it seemed likely that a criminal gang was behind the thefts from the local garage
below – the company was not prepared to consider offers below a threshold of $3 million
beneath – the Emperor of Ruritania considered it beneath his dignity to open a supermarket in Inverness
between – an agreement was reached between Haxter Ltd and Tollby Ltd on 14 September 2011
beyond – it is important not to go beyond what was agreed without discussing the matter with the client first
by – the invoice must be paid by the client by 3 May
concerning – we have received further information concerning the warranties to be included in the share purchase agreement
despite – we have instructions to proceed with the case despite the points raised in the defence
down – the lawyer advised her client to turn down the offer made by the defendant
during – a great deal of new evidence emerged during the course of the testimony given by the witness
except – this restriction applies to all applications except those already received by the company
excluding – the contract contains a provision excluding liability in certain cases of default
following – the following items must be supplied no later than 25 January
for – payment for the goods shall be made on delivery
from – we have now received the necessary undertakings from the defendant’s lawyer
in – the price list is set out in schedule 1
including – we seek delivery of all the missing parts, including those currently stored in the defendant’s warehouse
into – the clerk asked the parties to go back into court following the adjournment
near – the court is near to the cathedral
next – the client agreed to bring the documents to the next meeting
of – the attorney was a member of various professional organisations
off – certain discussions took place between the lawyers off the record
on – the new law on employment contracts comes into force tomorrow
opposite – the court is located opposite the cathedral in the central square
out – the lawyers worked out the terms of a compromise agreement
over – a dispute arose between the landowners over the positioning of the boundary
per – a travel allowance of €40 per day was paid to the employee
plus – the invoice came to €400 plus VAT
regarding – negotiations took place regarding usage of the storage facilities owned by the company
since – there have been a number of significant developments in the case since the previous court hearing
than – the amount of damages awarded by the court was more than the lawyer had anticipated
through – the lawyer read through the papers in the file
to – delivery shall be made to an address notified by the purchaser to the vendor
towards – a great deal of progress has been made towards settlement of the case, but a little more time is required in order to reach final agreement between the parties
under – the witness gave evidence under oath
until – it is unlikely that the case will be settled until the morning of the hearing
up – he brought up the question of our fees again
upon – the proceedings were served upon the defendant yesterday
via – all contact with the claimant was conducted via her lawyer
with – he was charged with murder
within – the goods must be delivered within 14 days of signature of the contract
without – the total amount of the invoice is €30,450 without VAT
Two words
according to – according to the contract, rent must be paid on the third day of each month
ahead of – we should schedule a further meeting ahead of the next court hearing
apart from – there are no further matters to be resolved apart from the copyright issue
as of – the new law on employment is in force as of midnight tonight
as regards – as regards payment of our fee, we can offer an instalment option
aside from – there are one or two issues we need to address aside from the question of trademarks
because of – this litigation arose because of the unreasonable position taken by the defendant
close to – the case is now close to settlement, but there are several issues still to be resolved
due to – the office is closed tomorrow due to a public holiday
except for
far from – the contract is far from ready to be signed, since a number of amendments need to be made to it
instead of – overtime worked by the employee shall be compensated by extra holiday instead of payment
out of – payment was made out of the company’s account
owing to – the advice given to the client was amended owing to a recent decision of the Court of Appeal
prior to – the consent of the bank must be obtained prior to the share transfer being made
pursuant to – the company changed its name pursuant to the new legislation on company names
regardless of – our client wishes to seek an injunction against his neighbour regardless of whether the building work is suspended or not
subsequent to – the court’s decision was handed down subsequent to the new law coming into force
thanks to – a satisfactory outcome was achieved in the case, thanks to the meticulous work undertaken by the claimant’s lawyers
that of – one issue still remains to be resolved – that of the payment method to be used
Three words
as far as – the summons has not yet been served as far as I know
as well as – the vendor must deliver the software as well as the hardware no later than 10 December
by means of – payment shall be made by means of direct bank transfer
in accordance with – the sum of $45,000 must be paid on 5 October in accordance with the court order
in addition to – certain legal documents require the signature of witnesses as well as the parties in order to be valid
in case of – in case of fire the lifts should not be used
in lieu of – the employee shall receive time off in lieu of payment
in spite of – the assignment was completed by the agreed deadline in spite of several unforeseen difficulties that arose along the way
on account of – the firm’s usual practice is to ask clients to pay a certain sum on account of costs prior to carrying out any work for them
on behalf of – the lawyer appeared on behalf of her client at the pre-trial review
on top of – we will need to study the documents carefully in order to get on top of the case
with regard to / with respect to – with regard to / with respect to the question of costs, we consider that the sum of €35,000 should be adequate
One word
about – the lawyer was about to go into court when the telephone rang
above – please refer to the paragraph above which deals with the insurance arrangements
across – she went across to the court to issue the proceedings
after – the contract was signed after the parties had agreed the prices to be paid for the goods
against – the company began trademark infringement proceedings against one of its competitors
along – the client did not go along with the advice given by the lawyer
among (or amongst) – a copy of the plan of the property was found among the papers in the file
around – we expect the purchase price to be around €500,000
at – the contract stipulates that the goods must arrive at the depot at 10.00 on 13 July
before – the lawyer appeared before the judge in court and argued her client’s case
behind – it seemed likely that a criminal gang was behind the thefts from the local garage
below – the company was not prepared to consider offers below a threshold of $3 million
beneath – the Emperor of Ruritania considered it beneath his dignity to open a supermarket in Inverness
between – an agreement was reached between Haxter Ltd and Tollby Ltd on 14 September 2011
beyond – it is important not to go beyond what was agreed without discussing the matter with the client first
by – the invoice must be paid by the client by 3 May
concerning – we have received further information concerning the warranties to be included in the share purchase agreement
despite – we have instructions to proceed with the case despite the points raised in the defence
down – the lawyer advised her client to turn down the offer made by the defendant
during – a great deal of new evidence emerged during the course of the testimony given by the witness
except – this restriction applies to all applications except those already received by the company
excluding – the contract contains a provision excluding liability in certain cases of default
following – the following items must be supplied no later than 25 January
for – payment for the goods shall be made on delivery
from – we have now received the necessary undertakings from the defendant’s lawyer
in – the price list is set out in schedule 1
including – we seek delivery of all the missing parts, including those currently stored in the defendant’s warehouse
into – the clerk asked the parties to go back into court following the adjournment
near – the court is near to the cathedral
next – the client agreed to bring the documents to the next meeting
of – the attorney was a member of various professional organisations
off – certain discussions took place between the lawyers off the record
on – the new law on employment contracts comes into force tomorrow
opposite – the court is located opposite the cathedral in the central square
out – the lawyers worked out the terms of a compromise agreement
over – a dispute arose between the landowners over the positioning of the boundary
per – a travel allowance of €40 per day was paid to the employee
plus – the invoice came to €400 plus VAT
regarding – negotiations took place regarding usage of the storage facilities owned by the company
since – there have been a number of significant developments in the case since the previous court hearing
than – the amount of damages awarded by the court was more than the lawyer had anticipated
through – the lawyer read through the papers in the file
to – delivery shall be made to an address notified by the purchaser to the vendor
towards – a great deal of progress has been made towards settlement of the case, but a little more time is required in order to reach final agreement between the parties
under – the witness gave evidence under oath
until – it is unlikely that the case will be settled until the morning of the hearing
up – he brought up the question of our fees again
upon – the proceedings were served upon the defendant yesterday
via – all contact with the claimant was conducted via her lawyer
with – he was charged with murder
within – the goods must be delivered within 14 days of signature of the contract
without – the total amount of the invoice is €30,450 without VAT
Two words
according to – according to the contract, rent must be paid on the third day of each month
ahead of – we should schedule a further meeting ahead of the next court hearing
apart from – there are no further matters to be resolved apart from the copyright issue
as of – the new law on employment is in force as of midnight tonight
as regards – as regards payment of our fee, we can offer an instalment option
aside from – there are one or two issues we need to address aside from the question of trademarks
because of – this litigation arose because of the unreasonable position taken by the defendant
close to – the case is now close to settlement, but there are several issues still to be resolved
due to – the office is closed tomorrow due to a public holiday
except for
far from – the contract is far from ready to be signed, since a number of amendments need to be made to it
instead of – overtime worked by the employee shall be compensated by extra holiday instead of payment
out of – payment was made out of the company’s account
owing to – the advice given to the client was amended owing to a recent decision of the Court of Appeal
prior to – the consent of the bank must be obtained prior to the share transfer being made
pursuant to – the company changed its name pursuant to the new legislation on company names
regardless of – our client wishes to seek an injunction against his neighbour regardless of whether the building work is suspended or not
subsequent to – the court’s decision was handed down subsequent to the new law coming into force
thanks to – a satisfactory outcome was achieved in the case, thanks to the meticulous work undertaken by the claimant’s lawyers
that of – one issue still remains to be resolved – that of the payment method to be used
Three words
as far as – the summons has not yet been served as far as I know
as well as – the vendor must deliver the software as well as the hardware no later than 10 December
by means of – payment shall be made by means of direct bank transfer
in accordance with – the sum of $45,000 must be paid on 5 October in accordance with the court order
in addition to – certain legal documents require the signature of witnesses as well as the parties in order to be valid
in case of – in case of fire the lifts should not be used
in lieu of – the employee shall receive time off in lieu of payment
in spite of – the assignment was completed by the agreed deadline in spite of several unforeseen difficulties that arose along the way
on account of – the firm’s usual practice is to ask clients to pay a certain sum on account of costs prior to carrying out any work for them
on behalf of – the lawyer appeared on behalf of her client at the pre-trial review
on top of – we will need to study the documents carefully in order to get on top of the case
with regard to / with respect to – with regard to / with respect to the question of costs, we consider that the sum of €35,000 should be adequate
Wednesday, 18 May 2011
Legal English Synonyms?
Legal English is full of words and phrases which are very close in meaning, but which have some subtle differences in meaning or usages. These terms must therefore be treated with extreme care. Here are some examples.
1. Assign & transfer
Assign is mostly used in relation to intangible property, such as rights under a contract. For example, a typical assignment clause might state:
‘Neither Party may assign any or all of its rights and obligations under this contract without the prior written consent of the other Party.’
In ordinary language it can mean to give a task, duty or benefit to someone. For example:
‘The task of cleaning the premises was assigned to John Smith.’
Transfer is generally used in relation to tangible property (such as land and other physical items). For example:
‘The goods shall be transferred to X’s premises at 15B Whiteley Road, Dartsley on 15 September 2011.’
2. Breach & infringement
Breach is used in relation to contractual violations. For example:
‘X is in breach of the payment obligation set out under clause 3.’
Infringement is used in relation to the violation of rights (particularly intellectual property rights). For example:
‘Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.’
The word violation can be used in respect both of rights (particularly human rights) and contracts.
3. Landlord & tenant / lessor & lessee
Landlord and tenant are terms which can only be used in relation to the lease of real estate.
Lessor and lessee may also be used in relation to the lease of other types of property (e.g. machinery).
4. Obligation & liability
Obligation is generally used to refer to a specific duty under a contract or legal provision. For example:
‘X is obligated to deliver the goods to Y on December 5th, 2011’.
Liability generally refers to legal consequences. For example:
‘If Y fails to pay the invoices as they fall due, Y shall become liable to pay penalty interest on the outstanding amount at a rate of 10% per annum’.
In a nutshell, breach of an obligation may lead to legal liability.
5. Contract & agreement
Contract is generally used in relation to a specific written contract with legal effect (e.g. ‘we signed the contract today’) or to the branch of law that deals with contracts (contract law).
Agreement can be used as a direct synonym for contract in the sense of a specific written contract (e.g. ‘we signed the contract/agreement today’). However, it may also be used in a more general sense to refer to loose understandings or oral agreements which may or may not have legal effect. For instance:
‘We agreed to meet our colleagues at a restaurant for lunch.’
1. Assign & transfer
Assign is mostly used in relation to intangible property, such as rights under a contract. For example, a typical assignment clause might state:
‘Neither Party may assign any or all of its rights and obligations under this contract without the prior written consent of the other Party.’
In ordinary language it can mean to give a task, duty or benefit to someone. For example:
‘The task of cleaning the premises was assigned to John Smith.’
Transfer is generally used in relation to tangible property (such as land and other physical items). For example:
‘The goods shall be transferred to X’s premises at 15B Whiteley Road, Dartsley on 15 September 2011.’
2. Breach & infringement
Breach is used in relation to contractual violations. For example:
‘X is in breach of the payment obligation set out under clause 3.’
Infringement is used in relation to the violation of rights (particularly intellectual property rights). For example:
‘Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees.’
The word violation can be used in respect both of rights (particularly human rights) and contracts.
3. Landlord & tenant / lessor & lessee
Landlord and tenant are terms which can only be used in relation to the lease of real estate.
Lessor and lessee may also be used in relation to the lease of other types of property (e.g. machinery).
4. Obligation & liability
Obligation is generally used to refer to a specific duty under a contract or legal provision. For example:
‘X is obligated to deliver the goods to Y on December 5th, 2011’.
Liability generally refers to legal consequences. For example:
‘If Y fails to pay the invoices as they fall due, Y shall become liable to pay penalty interest on the outstanding amount at a rate of 10% per annum’.
In a nutshell, breach of an obligation may lead to legal liability.
5. Contract & agreement
Contract is generally used in relation to a specific written contract with legal effect (e.g. ‘we signed the contract today’) or to the branch of law that deals with contracts (contract law).
Agreement can be used as a direct synonym for contract in the sense of a specific written contract (e.g. ‘we signed the contract/agreement today’). However, it may also be used in a more general sense to refer to loose understandings or oral agreements which may or may not have legal effect. For instance:
‘We agreed to meet our colleagues at a restaurant for lunch.’
Tuesday, 5 April 2011
How to Write Numbers
The general rule is that all numbers ten and below should be spelt and numbers 11 and above should be put in numerals. However, there are certain exceptions to this:
• If numbers recur through the text or are being used for calculations, then numerals should be used.
• If the number is approximate (e.g. ‘around six hundred years ago’) it should be spelled out.
• Very large numbers should generally be expressed without using rows of zeros where possible (e.g. $3.5 million instead of $3,500,000). In contracts, the use of both words and numbers is common in order to increase certainty. For example, ‘THREE THOUSAND FIVE HUNDRED EUROS (€3,500)’.
• Percentages may be spelled out (twenty percent) or written as numbers (20%)
• Numbers that begin sentences should be spelled out.
Decimal points
In English writing, the decimal point is represented by a dot (.) and commas are used to break up long numbers. Commas cannot be used to represent a decimal point.
Therefore, the number ten thousand five hundred and fifty-three and three-quarters is written like this in English:
10,553.75
while in most Continental European countries, it is written like this:
10.553,75
When referring to sums of money, the following rules apply:
• When writing numerical sums, the currency sign goes before the sum (e.g. $100). Note that there is no gap between the sign and the figure that follows it.
• When spelling out numbers, the name of the currency is put after the number (e.g. ‘one hundred pounds sterling’).
The percentage sign (%) appears after the number to which it relates, and there is no gap between the sign and the number (e.g. 95%).
See www.legalenglishstore.com for more legal English materials.
• If numbers recur through the text or are being used for calculations, then numerals should be used.
• If the number is approximate (e.g. ‘around six hundred years ago’) it should be spelled out.
• Very large numbers should generally be expressed without using rows of zeros where possible (e.g. $3.5 million instead of $3,500,000). In contracts, the use of both words and numbers is common in order to increase certainty. For example, ‘THREE THOUSAND FIVE HUNDRED EUROS (€3,500)’.
• Percentages may be spelled out (twenty percent) or written as numbers (20%)
• Numbers that begin sentences should be spelled out.
Decimal points
In English writing, the decimal point is represented by a dot (.) and commas are used to break up long numbers. Commas cannot be used to represent a decimal point.
Therefore, the number ten thousand five hundred and fifty-three and three-quarters is written like this in English:
10,553.75
while in most Continental European countries, it is written like this:
10.553,75
When referring to sums of money, the following rules apply:
• When writing numerical sums, the currency sign goes before the sum (e.g. $100). Note that there is no gap between the sign and the figure that follows it.
• When spelling out numbers, the name of the currency is put after the number (e.g. ‘one hundred pounds sterling’).
The percentage sign (%) appears after the number to which it relates, and there is no gap between the sign and the number (e.g. 95%).
See www.legalenglishstore.com for more legal English materials.
Tuesday, 1 March 2011
When to Capitalise
Legal texts are littered with excessive capitalisation, which is: (1) grammatically incorrect; and (2) distracting for the reader.
Capital letters should only be used in the following situations:
(1) At the beginning of a sentence (e.g. ‘Thank you for your letter’).
(2) When writing proper names (e.g. London, Angela Merkel, Fleet Street).
(3) When writing names which derive from proper names (e.g. Christianity, Marxism).
(4) For certain abbreviations (e.g. USA, NATO, WTO).
(5) For a defined term in a legal document where the definition uses a capital letter (e.g. ‘Roggins plc, hereinafter referred to as “the Company”’).
The main difficulty that arises is that writers fail to distinguish clearly between (1) proper names and ordinary nouns; and (2) defined terms and ordinary nouns.
So, the next time you find yourself using capitals for such terms as ‘a group of companies’ or ‘the sales contract’, ask yourself whether the noun in question is either genuinely a proper name or a defined term. If the answer to both these questions is ‘no’, change to lowercase.
See www.legalenglishstore.com for more legal English material.
Capital letters should only be used in the following situations:
(1) At the beginning of a sentence (e.g. ‘Thank you for your letter’).
(2) When writing proper names (e.g. London, Angela Merkel, Fleet Street).
(3) When writing names which derive from proper names (e.g. Christianity, Marxism).
(4) For certain abbreviations (e.g. USA, NATO, WTO).
(5) For a defined term in a legal document where the definition uses a capital letter (e.g. ‘Roggins plc, hereinafter referred to as “the Company”’).
The main difficulty that arises is that writers fail to distinguish clearly between (1) proper names and ordinary nouns; and (2) defined terms and ordinary nouns.
So, the next time you find yourself using capitals for such terms as ‘a group of companies’ or ‘the sales contract’, ask yourself whether the noun in question is either genuinely a proper name or a defined term. If the answer to both these questions is ‘no’, change to lowercase.
See www.legalenglishstore.com for more legal English material.
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