Focus on function Legal Language

In many firms, a knowledge of legal or semi-legal language is necessary as, inevitably, trading relations are confirmed through contractual arrangements.

1. Legal language contains its own jargon which has to be 'translated'.

e.g. Upon receipt of any order by the agent for goods the said agent shall immediately transmit the above-mentioned order to the principal who (if such order is accepted by the principal) shall execute the same by supplying the goods direct to the customer.

Upon receipt of any order: the said agent: shall: transmit: the above-mentioned order: if such order: execute: the same:

when any order is received the agent just referred to must send, communicate the order just referred to if this order deal with, carry out the order referred to

The essential message is therefore:

When the agent gets an order for goods he/she must send it off to the principal who will then supply the goods if he/she wants to.

2. Contracts often contain words formed of an adverb + preposition:

hereafter herein hereto hereunder thereof thereby hereby

These are useful for the kind of precise references which people in the legal profession have to make.

3. Many of the terms used are archaic or, if in current use, are very formal in their effect. This is a small selection:

as deemed appropriate by the court (= judged, considered)

duly completed in triplicate (= as expected, in the correct way)

in compliance with the regulations (= in agreement with)

notwithstanding any amendments (= despite)

null and void (= invalid)

The committee set forth its findings. (= described)

The agreement terminates on 30 June. (= finishes)

4. Legal English can be difficult to read because the sentences are very long and contain many pieces of information. However, it is possible to separate the main idea from the others:

It shall be the duty of each person who has, to any extent, control of premises to which this section applies, or of the means of access thereto or egress¹ therefrom, or of any plant or substance in such premises, to take such measures as it is reasonable for a person in his position to take to ensure, so far as it is reasonably practical, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises or, as the case may be, provided for the use there, is or are safe, and without risk to health.

The information not in italics is, of course, important but serves to expand or restrict the validity of the main ideas.

5. Many of the statements in legal English involve a 'condition': If x then у ...

If the customer's representative should fail within 2 (two) weeks from the said notification by Duranor Pty to carry out an inspection as aforesaid or to formulate an objection if any in writing then the customer shall be considered to have taken over the plant and Duranor Pty shall be entitled to sign the Certificate of Acceptance on the customer's behalf.

From a legal point of view, every action depends on one or more conditions which must be fulfilled before anything can happen.

Note: egress = exit