Understanding a contract

Legal jargon is notoriously difficult in any language. However, the specific terminology and grammar of
the language used in a contract in English is not that extensive.

Why is Legal English So different from everyday English?

All legal expression in any language has to be more precise than everyday language because it must
leave no room for misinterpretation. For example, there are expressions like if and only if to ensure
that people realise that one thing is only true if the condition is fulfilled.
However, this does not account for all the idiosyncrasies of legal English. Legalese is also different
because after the Norman conquest in 1066 those who made the laws were speaking Norman French
while the rest of the population were speaking English. Latin also influenced the language of law much
more than everyday English. This is why legal English is often much closer to romance languages than
modern English. For example, legal English says terminate where normal English would say finish. By
the 17th Century, many French and Latin words had become established in law, for example tort.
Finally, general English is very permeable to influence from other languages. By contrast, the language
of law is very traditional. Many legal expressions like hereto, to whom, etc. were common in general
English several centuries ago, but have been replaced in modern English by other expressions.

Below, I offer you the most important elements of legalese in contracts.

Legal Grammar

OBLIGATION
The only important grammatical element of legalese is the use of shall (with all persons) and the use
of to be to, both of which mean must, e.g.:
the agent is to execute the order
the agent shall execute the order
This use of shall is very common in the legal conditional e.g.
if the lessor fails to notify the lessee, then he shall be considered
Notice that his type of condition uses ifthen where normal modern English would not include
then.

DISCRETION
The normal word to use to express discretion is may e.g.
Either party may declare the contract null and void if

Referring backwards and forwards

There are three ways of saying which I just referred to
-above-mentioned
-aforementioned
-said
e.g.
the above-mentioned waiver
the aforementioned waiver
said waiver

Special legalese vocabulary

to deem: judge, consider
to be entitled to: have a right to
breach of contract: non-fulfilment of a contract
in accordance with: according to
in compliance with: fulfilling, satisfying
notwithstanding: despite, in spite of
null and void: invalid, with no legal power
persons: people
third party: other people
to set forth: describe
to terminate: finish
to waive: give up (a right), relinquish
waiver: giving up of a right, voluntary relinquishment

T/Here + preposition combinations

hereafter: below, after the signing of this document
thereafter: after that time
hereby: by this contract
thereby: by that document, by that action
herein: in this contract
therein: in that document
hereof: of or concerning this contract
thereof: of that document
hereto: to this contract
thereto: to that document
heretofore: earlier in this document, mentioned previously
theretofore: before that time
hereunder: later in this document
thereunder: later in that document
herewith: with this document
therewith: with that document
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