常用商事法律英语词汇手册 - Common Vocabulary in Commercial L

Common Vocabulary in Commercial Legal English

A

abound verb

■exist in large numbers or amounts

The benefits of plain English in legal writing abound.

accord noun.

■an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation.

Party A hereby agrees that these claims are resolved in full accord and satisfaction without protest. verb

■grant or give, especially as being due or appropriate

The Buyer shall accord the Guarantee Engineer the treatment comparable to the Vessel? Chief Engineer.

语源

cord = heart (ac- = ad- = to)

联想

accordance, according, discord, record

搭配

in accord and satisfaction

Party A hereby agrees that these claims are resolved in full accord and satisfaction without protest.

account noun.

■an arrangement by which a body holds funds on behalf of a client or supplies goods or services to them on credit.

Unless the obligee has indicated a particular account, payment may be made by a transfer to any of the financial institutions in which the obligee has made it known that it has an account.

1

语源

count = count (ac- = ad- = to)

联想

accountable, discount, recount, counter

搭配

for the account of

All tooling costs associated with manufacturing products shall be for the account of party A.

open account ( shorten as “OA”)

Party A shall, within 90 days after the date of the bills of lading, on an open account basis, subject to the payment condition set forth in Subsection 4.2, pay the invoice value of the products to Party B?s designated bank account by means of telegraph transfer.

Payment term is 90 days open account after Bill of lading.

take something into account/ take account of: consider a specified thing along with other factors before reaching a decision or taking action

To take into account the different social, economic and legal systems.

Incoterms 2000 take account of the recent spread of customs - free zones, the increased use of electronic communications in business transactions.

accrue verb

■come by way of increase or addition

Any rights which may accrue from such trade name/trademark usage shall inure to the sole benefit of buyer.

The termination of this agreement shall not release either party from the accrued obligations under this agreement.

The interest on damages for non-performance of non-monetary obligations accrues as from the time of non-performance.

语源

cru = cre = grow, make (ac-=ad- = to)

联想

2

increase, decrease, accretion, create, creature

acknowledge verb

■indicate recognition and acceptance of

Supplier acknowledges that all right, title and interest in and to the trademark are vested, and shall remain vested, in buyer.

Where the obligor before the expiration of the general limitation period acknowledges the right of the oblige, a new general limitation period begins on the day after the day of the acknowledgement.

■make known to a sender or giver the receipt of or the fact of

The transfer of the obligation becomes effective when a notice of the transfer is given to the oblige or when the oblige acknowledges it.

We acknowledge receipt of the Notice of Assignment dated [insert date] and confirm that We will make all payments to [insert alternative counterparty] in accordance with the instructions set out in that notice.

The Buyer shall promptly acknowledge receipt of such notice.

派生

acknowledgeable

action noun

■a judicial proceeding for the enforcement or protection of a right, the redress or prevention of a wrong

damages arising out of any suit, claim, or action

■the right to bring or maintain such a legal or judicial proceeding

派生 actionable

■giving sufficient reason to take legal action

Unfortunately, having reviewed the case with our client, we are unable to agree with your contention that no actionable breach of paragraph 7( b ) has occurred.

If the representation was simply as to the issuer?s intentions, then under English law it ought to be actionable only if it was untrue statement of the controller?s intentions at the time the statement was made.

3

语源 act = act

联想

activate, actual, enact, interact

address verb

■say or write remarks or a protest to

One well-known Malaysian lawyer addressed a complaint to lord Mustill from the floor. He said in Malaysia, it was difficult to put things down in writing.

■speak to (a person or an assembly), typically in a formal way

A proposal for concluding a contract addressed to one or more specific persons constitutes an offer.

■write the name and address of the intended recipient on

Any notice shall be in writing addressed to the other party at its registered office or principal place of business.

■start trying to solve problems or think about and begin to deal with an issue or problem.

This briefing note addresses just letters of comfort addressed by private sector parent companies or group members to providers of credit or of credit based services to a subsidiary.

语源

dress = direct (act of approaching or speaking to someone), (ad- = to)

adopt verb

■formally approve or accept

As to the governing law, if the parties think of it during negotiation or a popular standard form of contract is being used (such as, BIMCO contracts), …… 此处隐藏：4402字，全部文档内容请下载后查看。喜欢就下载吧 ……