摘要:Contract is a legal binding agreement whose abeyance and breach of contracts concern the legal responsibility of the two parties. Thus the translators are expected to produce parallel text identical with the source text in meaning and more importantly in legal effects.
in from doing something. The making of a contract requires the mutual assent of two or more persons, one of them ordinarily making an offer and another accepting. If one of the parties fails to keep the promise, the other is entitled to legal recourse. The law of contracts considers such questions as whether a contract exists, what the meaning of it is, whether a contract has been broken, and what compensation is due the injured party.
2.1.2 Contract categories
As we have mentioned above, the contract can be made in writing or an oral conversation. Thus, contracts fall into two categories: written and oral in accordance with the form of a contract. In this thesis, we mainly focus on the written form of contracts.
While if we classify contracts according to their content, they may fall into many categories, such as contract by deed, contract for future delivery, contract of purchase, contract for services, contract of engagement, contract of guaranty and so on and so forth.
Of course, contracts can also be classified into many other categories according to other criteria. For instance, contracts are classified according to how they are formed. They can be either expressed, implied or in the form of a quasi-contract. An expressed contract is one formed by the expressed agreement of the parties involved. An implied contract is one in which the parties’ actions form the manifestation of assent. A quasi-contract is one the courts construct to prevent fraud or unjust enrichment on the part of one person.
Contracts can also be classified as bilateral and unilateral. In a bilateral contract, both parties exchange promises with each other. A unilateral contract is one in which one party promises to pay for or perform some obligations when the other party does an act.
Contracts are also classified as to their validity. A valid contract is enforceable by both side of the contract. A void contract is of no legal effect at all. A voidable contract is one in which either party can enforce the contractor void it.
2.2 Essentials of Contract
A contract shall, in general, include the following
1. Title
2. Names and addresses of the two parties
3. General principle
4. Name of commodity
5. Quality
6. Quantity
7. Price
8. Responsibility of breach of contract
9. Guarantee
10. Confidential
11. Arbitration
12. Force majeure
13. Applicable law
14. Miscellaneous
15 Dispute resolution methods
16. Witness
III. The Features of the Translation of Contracts
3.1 Lexical Features
Lexical approach is essential for successful language acquisition in English for specific purposes, especially for contract translation. Therefore, core and fundamental vocabulary of legal profession go a long way in helping better translation of contracts. Special lexical items appear in most professions, and every field has special vocabulary to cover abstract concepts.Danet,B.(1985)in Handbook of Discourse Analysis lists some of the major lexical differences in legalese. Some are technical terms, some are terms that have different meanings from those usually used, and some are archaic.
3.1.1 Technical Terms
Tiersma suggests
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