Communicaid Language Training Blog

Shifting Cultural Sensibilities in Language Use

admin — Mon, 17 Jun 2013 12:26:50 +0000

Why is cross-cultural awareness important in language training and learning? Take the lingua franca of the international business world, for instance. Today, countries and organisations across the globe do business in a common language, English. Many European and Asian countries teach English as the second language to their children. After the dissolution of the former communist USSR, English became the favoured language of many former soviet republics aiming to become a part of the global society. Georgia, for instance, made a key linguistic switch: English mandatory for all students whereas Russian was optional.

With all this investment in English language teaching, are learners across the globe speaking the same language? And are they speaking it the same way? You may learn the technical parts such as grammar and punctuation, but what about the nuances, about what words connote and not simply denote? Moreover, does your cultural identity determine the style and register in your usage of the world’s lingua franca?

It most certainly does. And therefore, for those in an international setting, an appreciation of what lies beneath the more obvious differences in cultures is vital in teaching and learning a language. In understanding culture, the obvious differences in customs, clothes, food, etc. are easier to see. However, it is the hidden differences like the mind-set, values, beliefs, attitudes, sensibilities, prejudices and preferences that also determine how we communicate, whichever be the language of our choice.

Let’s look at three examples to understand the differences in the use of English between Asian speakers of English such as the Japanese or Indians and those native English speakers:

1. Nouniness and Verbiness

Indians and Japanese tend to use more nouns which make the language heavy and cumbersome; native users of the language, on the other hand, use more verbs which make the language more direct and dynamic.
E.g. “The candidate submitted an application for the job.” vs. “The candidate applied for the job.”
“The police conducted an investigation into the murder.” vs. “The police investigated the murder.”

The nominalisation in the former examples, which makes the language wordy, is related to an attitude, even among many Indians who have acquired English through academic studies that using big words and complex sentences make language impressive. This results in verbosity.

The point a trainer needs to drive home is “Speak or write to express, not to impress.”

2. Use of Passive Voice

Native-users of English prefer the active voice whereas Asian users tend to use the passive voice more. This directly relates to how they communicate in their own language.

E.g. Native Japanese speakers who want to treat their colleagues to lunch will politely say: “Watasi ni harawasete kudasai”, which corresponds to “Allow the bill to be paid by me.” The English “Let me pay” or “I’ll pay” would sound a bit rude and abrupt. Japanese or Indians are more reserved and formal, and the impersonal or distanced nature of passive voice matches their sensibility better. The western attitude prefers brisker “who did what” style of the active voice.

The point for the trainer here is to impress upon the English learners to make active voice the voice of their choice in every day communication or in business English, barring exceptions in negotiating or persuading where tone and politeness need to be kept in mind.

3. Direct and Indirect Expressions

Japanese and Indians find it rather more difficult to say “no” directly. It can sound rude or “in your face”. They would rather imply a negative than say it out loud. This can cause misunderstanding as westerners sometimes might assume a deal is done and dusted, whereas there was never a “yes” implied.

E.g. “Kangaete mimashoo” or “Let me think about it” can often mean an “I’m sorry, no”; a “Ah, soo desu ne” or “Ah, that is so”, depending on the intonation could mean, that is not so; or even a “Wakarimasita” or “I understand” could simply indicate understanding and not necessarily agreement. An Indian may say “Haan ji” or “Theek hai”, which when literally translated means “yes”, rather than the more direct “No” or “I can’t” which makes them uncomfortable or embarrassed. It could sometimes even be simple face-saving. Westerner are often frustrated at this “miscommunication” and at times even question the honesty of the communicator.

Training becomes essential in creating cultural awareness in sensibilities that include the concept of “face”, and that meaning sometimes lies between the lines, in the intonation and body language. Asians, on the other hand, need to understand the more direct “cards on the table” style of, for instance, their American counterpart where no impoliteness is intended. Because our beliefs and values are reflected in our communication, we need to share more than just words when we switch languages; we need to share and empathise with the other’s sensibility, attitude and thinking.

There are two lessons here for organisations and trainers:

i) Train employees in cross cultural awareness so the ‘hidden’ cultural differences like attitudes and values are understood and appreciated
ii) Note that sensibilities need to shift according to the language spoken, i.e. when using English, be more direct and precise, use the KISS principle of keeping your language short and simple, but without ever being rude or unprofessional; when using other languages, for example Asian ones, match your style to suit the more formal and indirect mindset of your audience or readership.

Our ability to communicate, negotiate and influence will be more effective and fulfilling if we truly learn to speak the same language, both verbal and non-verbal.

© Communicaid Group Ltd. 2013

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Post tags: culture and language, English course, English training, language course, Language Training

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Speaking Globally, Communicating Locally

admin — Tue, 30 Apr 2013 09:53:26 +0000

In recent years, there has been a steady decline in the foreign language skills of native English speakers. Not only does this skills gap increase the need for English speakers to rely on interpreters with the risk that they misinterpret implicit messages or miss the cultural nuances of what has been said, but it also limits the credibility of professionals working internationally. This has been highlighted by UK Foreign Secretary, William Hague’s recent decision to reopen the Foreign and Commonwealth Office’s language school as reported recently by the BBC. The Commons Affairs Committee has stressed the need to focus on language skills when implementing promotion criteria for diplomats and has increased the FCO’s spending on language training by 50%. If language ability is neglected the government runs the risk of losing respect internationally and reducing its ability to influence key stakeholders within overseas governments and organisations.

Sceptics may point out that developing high level language skills can be extremely costly and time consuming and that using interpreters or even translation software can be a more immediate and viable alternative. And with the rise of English as a global language don’t most large organisations and senior officials speak English fluently anyway?

However, organisations that adopt this attitude are missing a trick. Speaking the local language fluently improves the speed and ease of communication often leading to smoother messages, speedier decisions and a more engaged audience. Demonstrating an ability to speak the local language fluently also helps enormously when building relationships and establishing trust which in turn leads to increased business opportunities. After all, people do business with people they like and demonstrating that you can speak your counterpart’s language shows that you are interested in them and their culture and are investing your efforts in getting to know them better.

However well you may think your international counterparts speak English, nothing replaces the ability to speak, listen, read and write in their native language. It may be challenging to learn a new language in adult life but motivation will increase when the organisation shows that it values these skills and where professional development or personal improvement are at stake.

© Communicaid Group Ltd. 2013

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Post tags: improving your language skills, language course, language for the public sector, Language Training, learning a new language, local language

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CBI Says UK Employees Need Language Skills

admin — Fri, 18 Jan 2013 18:58:08 +0000

“Operating effectively in a global economy relies on the right language skills – and the UK has the worst foreign language proficiency in Europe.” The CBI’s annual CBI Education and Skills Survey 2012 provides bleak reading on the state of UK employees’ foreign language skills. The UK’s share of global exports has gradually declined over the last ten years and, if the UK economy is to recover, we need to seek out new markets far away from our recession-hit shores.

Speaking the language of our international customers is good business yet we do not seem to recognise this. Employees need the right language skills and cultural sensitivity to build effective international relationships. As many as three-quarters of British businesses value foreign language skills among their employees, particularly in the manufacturing, engineering, hi-tech and science sectors.

So what are sensible employers doing to increase the foreign language proficiency of their staff? Where possible, about half the firms which recognise the importance of foreign language proficiency look to recruit new staff already equipped with the necessary skills. However, this can be easier said than done and so other employers invest in developing the international communication skills of their existing staff by working with professional providers of business language courses and cross cultural training courses.

Perhaps unsurprisingly, the list of languages valued by British employers is starting to change. Western European languages are still very much in demand with Spanish on the increase not only as a major European language, but also as the most widespread language across the fast-growing economies of Latin America. Equally, the languages of China and the Middle East are highly valued.

The fact that one in five UK firms is concerned that a lack of foreign language proficiency is or may be losing them business is startling. This puts our businesses at a disadvantage we can ill afford in the current economic climate and it is in the hands of our government, education system and employers to equip our country’s talent with the appropriate language and intercultural skills to be able to do business internationally.

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Post tags: business language, lack of language skills, Language Training, learning a foreign language

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Business English, Spanish or Mandarin – Which Language Holds the Most Potential for Today and the Future?

admin — Mon, 06 Feb 2012 11:04:43 +0000

English as the lingua franca we know today is facing challenges that affect its long term stability in the business world. Although many rely on it heavily to communicate across cultures, it may not be long before we say ‘adiós’ or ‘zai jian’ to the dominance of English in business. The need to take Spanish and Mandarin language training courses is increasingly important because of the emerging economies of their native speakers. As businesses look for that competitive edge, they are turning to Spanish speaking markets in North and South America and Mandarin speaking economies in Asia.

¿Hablas español?

English is the modern day lingua franca of business, largely because of its use in the world’s largest economy. Albeit relatively slowly, this linguistic supremacy is in the process of changing. The influence of the Spanish language in the US is one contributing factor to this change. The Hispanic population is the fastest growing market segment in the US and has grown by 60% in just one decade making Hispanic buying power an impressive $1,000 million.

This combined with the level of influence Hispanic culture has on US history and the economy makes the Spanish language a candidate for becoming an international language of business. Some people even assert that the main language spoken in the US in 2060 will in fact be Spanish making it even more critical for many businesses to offer Spanish language training to their employees as they plan their long-term strategies. The predominantly Spanish-speaking and increasingly influential continent sitting just below the US makes the Spanish language even more attractive to global businesses.

One billion Mandarin speakers and counting…

Another main challenge to English as the international language of business is the increasing importance and influence of the Chinese economy. There are approximately one billion Mandarin speakers across the globe making it the largest linguistic group in the world. Recently, China has spread its economic and business interests beyond their geographical borders and, in a world riddled with economic crises, China seems to be coming out on top.

The Chinese are also expanding rapidly into the African continent through government funding for construction and other schemes. Although Chinese workers in Africa are generally housed in compounds away from local populations, their increasing involvement in Africa is likely to influence the cultures and economies there and Mandarin will become even more widespread across the globe. Investing in Mandarin language training courses for your employees can open doors to one of the most powerful countries of the future.

Are we witnessing a critical moment in linguistic history?

Although there are other languages such as Spanish and Mandarin who at times appear to be major contenders for the business lingua franca, there are many who believe that English is here for the long run and that we might even be witnessing a critical moment in linguistic history. Quoted in an article on Resilience Science, linguist David Crystal states ‘This is the first time we actually have a language spoken genuinely globally by every country in the world’.

Despite this viewpoint, perceptive business leaders around the world know that, without a doubt, investing in Spanish language training or Mandarin language trainingcourses will open international doors and help organisations to gain a significant edge in business, especially in these difficult financial times. This edge will undoubtedly benefit your global organisation both today and in the future.

© Communicaid Group Ltd. 2012

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Post tags: business english, international English, lingua franca, Mandarin language training courses, Spanish language training course

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Legal English in Focus: The Language of Contracts – The Language of Legal Correspondence

admin — Wed, 11 Jan 2012 08:59:33 +0000

Legal correspondence forms an important part of the day-to-day work of a lawyer, particularly since the advent of the email. It is often assumed that emails are less formal than letters. However, in reality, the required degree of formality will invariably depend on factors such as the relationship of the writer with the recipient, the level of seniority of the recipient and the subject matter of the email.

Anyone working in a legal context in English should be familiar with the key expressions and terminology of Legal English. Here are a few important expressions used in semi-formal legal correspondence.

Salutation
Where there is no named recipient, the phrase “Dear Sirs” is used. However the phrase “Dear Sir/Madam” is often preferable because it is gender neutral.

Where, on the other hand, the letter is written to a named individual with whom the writer does not have a close relationship and is thus not on first name terms, the appropriate gender specific title must be used. With regard to women, unless the writer knows that the recipient is married (where “Dear Mrs” is used), the appropriate title is “Ms”. Even if you know that the recipient is not married, it is best to avoid the title “Miss” as this tends to be considered too pejorative. The exception would be if the recipient has identified herself as “Miss”, possibly using her maiden name in her professional work, in previous correspondence.

A thorny problem arises where the name of the recipient does not make it clear whether the recipient is a man or a woman. For example if you had to write to a lawyer in Finland called Teppi Jaskalainen and were unsure whether Teppi was the name of a man or a woman, the appropriate solution would be to write the entire name in the salutation e.g. “Dear Teppi Jaskalianen”.

References to Previous Correspondence
There is a great variety of possible phrases that seek to refer to previous correspondence between the writer and the recipient such as:

“Further to your email dated 18 November, I am pleased to inform you that our client is willing to accept the proposed amendments to the confidentiality clause.”
“Thank you for your email dated 18 November”.
“I refer to your email dated 18 December”

Be aware that the second and third sentences are more succinct than the first, which in addition to referring to previous correspondence also seeks to set out the purpose of writing the letter.

Introducing Comments
Where the email sets out numerous comments on a particular clause in an agreement for example, including one of the following sentences that introduces the comments is common:

My comments on Clause 7 are as follows:
We have the following comments on Clause 7:
Our comments on Clause 7 are set out below:

Sending Documentation
When sending documentation by email we use the word “attach” but when we include documents with a letter we write “enclose” instead:

Email: “I have attached the draft shareholder agreement.”
Letter: “I have enclosed the marked up Schedule 2.”

If the writer expects the recipient to read the document or react in some way (e.g. give his comments), they would write “I attach for your attention”. However, where no action is expected on the part of the recipient, we would merely write “I attach for your information.” This would be appropriate, for example, when sending to a client a new brochure or an update on the law.

Giving Good and Bad News
You can introduce good news by using the common phrases “I am pleased to inform you” or “you will be pleased to hear that” in the following ways:

“I am pleased to inform you that Regional Court has rejected the Defendant’s counter-claim.”

The common phrases “I regret to inform you” or simply “unfortunately” introduce bad news:

“I regret to inform you that the court fees for lodging a claim at the Regional Court will be 575 Euro from 1 February 2011.”

Closing Remarks
There are several expressions that typically come at the end of a legal letter or email:

“Thank you in advance for your assistance in this matter”: This expression is extremely helpful when the writer has made several requests earlier in the letter.
“If you have any questions regarding this letter, please do not hesitate to contact me”: This phrase should be inserted when the letter contains advice. The phrase can be made slightly less formal by using the words “please feel free to contact me…”
“I hope that this matter will receive your prompt attention”: This phrase is useful when the writer has expressed his concern earlier in the letter that the recipient has failed to do certain things. e.g. pay an invoice. This phrase therefore acts as a reminder for the recipient to remedy the situation

Requesting Future Contact
It is common to end letters with the phrase “I look forward to hearing from you” irrespective of whether the writer expects the recipient to respond in writing or merely telephone him.

Signing Off

There are different ways of signing off depending on the context and relationship to the individual you are writing to.

If the letter begins with the salutation “Dear Sir/Madam” the appropriate ending is “Yours faithfully”.
If the letter is to a named individual e.g. Dear Mr Peters, then the appropriate ending is “Yours sincerely”.
Where the relationship with the recipient is closer, one can end the correspondence with “Kind regards”, “Best regards” or simply “Regards”.

Anyone taking a Legal English training course or looking to improve their Legal English skills can benefit immensely from reading through the key expressions and their use that we highlight in this series about the language of contracts.

© Communicaid Group Ltd. 2012

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Tips for Learning a Foreign Language – Outside the Training Room

admin — Wed, 04 Jan 2012 11:28:14 +0000

Anyone learning a foreign language should set aside some time for self-study, engagement with the language, immersion, discovery or whatever else you like to call it. What takes place in the formal language learning setting during the allocated times is not enough if you want to make real progress on your language skills. Anyone learning a language and taking a language course needs to allocate time outside the training room to practise and develop the skills learned in the formal setting.

Practice makes perfect

Although you may not be assigned ‘homework’ between every training session, it’s important that you find the time to review previous lessons and any learning from them. It is only by reviewing your previous sessions in a critical way that you will be able to increase your comprehension and memorisation of new vocabulary and expressions you are learning. In order to memorise vocabulary items so that they can be used spontaneously, research suggests that you have to repeat each item at least 10 times. During training, your trainer will probably use activities that disguise repetition so that the process is not dull, so reviewing the activities you did in the session will help you to further engrain the new vocabulary and expressions into your language repertoire.

A web of language tools at the ready

Exposing yourself to the language you are learning as often as possible is one good way of getting used to its sounds. The internet has a wealth of reading material for all languages, so spend some time searching for the level and content of materials that best suit you. Reading articles and reports can also help you to expand your vocabulary and get used to the way the different structures of the language work.

Language learning can be fun

In addition to podcasts and articles, the internet also offers a wide range of fun activities and games which can help you to develop your language skills while playing something enjoyable. For those learners who have a higher level, there are foreign language radio stations, podcasts and videos. Try not to aim too high as you listen to these programmes as this can quickly demotivate you. Be sure you can understand a large percentage of what you hear so that you can develop your listening skills.

There’s nothing like the real thing

One of the best ways you can improve your language skills is by spending some time in a country where that language is spoken. Experiencing the real use of the language can be a very motivating experience and allows you to experience the language in ‘real’ situations outside the artificial environment of the training room. Having the opportunity to experience the culture of the country where the target language is spoken can give you added reasons for pursuing your training. A love of a language is usually closely associated with the love of a country where that language is spoken. The best way to experience a country and to practise its language at the same time is to stay in a family. This experience is open to all ages and can offer a combination of lessons and social experiences.

Among other benefits, immersion in a target language country can greatly improve your comprehension skills. Understanding the spoken language is vital as it holds the key to being able to participate in meetings, discussions or conversations. If you don’t have the opportunity to go to a target language country, then there are usually foreign language clubs you can join or online language chat forums.

No matter where and how you spend time developing your language skills outside the training room, the key to your success is not to be shy and stay determined. Get involved in as much as you can and don’t be afraid to ‘have a go’. The more you practise what you have learned in your language courses, the more you will develop your skills – leading you to greater confidence and competence in the language you have selected. Don’t let your language learning stop when you leave the training room!

© Communicaid Group Ltd. 2012

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Post tags: language, language skills, Language Training, language training course, learning a new language, Tips for Learning a Foreign Language

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Lack of Language Skills in the UK Affecting our Position in the European Union?

admin — Tue, 03 Jan 2012 09:54:46 +0000

According to the Financial Times, European Commission President Jose Manuel Barroso is considering easing the conditions of recruitment for European civil servants from the UK. The low number of British civil servants working for European bodies and organisations is one reason for this recent consideration. The population of the UK represents 12% of the European population, but only 1.5% of applicants who passed the entry exams were British. Many officials see this situation threatening the UK’s political weight in European decisions and therefore urge both their country and the commission to solve the problem.

According to Barroso, the main problem for British applicants is their lack of language skills. To successfully pass the European exam, future civil servants need to answer questions in their native language and another European tongue. They also have to show a good working knowledge of a third European language. These requirements often prove to be too much for regular British civil servants who are coming through an educational system that no longer requires students to learn a language.

Barroso, an Anglophile despite his use of French when working with the commission, has suggested creating a specific test for British nationals. This, however, was not welcomed by everyone. France fears that creating a different and specific test for English native speakers will undermine the influence of the French language within the different European institutions. Other countries question the fairness of creating a separate test and many feel that limited language skills of British employees could create difficulties from an administrative perspective. More importantly, many feel that encouraging applicants with limited language skills could undermine the emphasis the European institutions have always placed on the importance of language skills across Europe – both inside and outside of the organisations.

In an effort to improve the language skills and opportunities British citizens have, members of the government are starting to create a number of initiatives. British Foreign Secretary William Hague has decided to launch the “EU careers month” for example by creating websites and events promoting the different career paths for European civil servants and the skills required.

These initiatives combined with focused language training could help future applicants have a better chance of working in such a linguistically and culturally diverse organisation. In turn, the UK would have a higher number of people in place who could help to influence decision-making processes around any issues that affect it.

© Communicaid Group Ltd. 2011

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Post tags: Britons lack language skills, lack of language skills, Language Training Courses, languages courses, learning a foreign language

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Wittols, Aerodromes and Charabancs – How Words in Everyday Language Are Becoming Obsolete

admin — Mon, 24 Oct 2011 09:51:11 +0000

We often hear about words being added to dictionaries as they become part of everyday vernacular, but have you ever heard about any words that get removed? Some people argue that if a word has existed at some point in time then it merits a place in the dictionary. After all, who knows when someone may come across it in an old text and need to look up the definition? Others say that dictionaries should reflect the language that we use in the here and now, and so those words which have become obsolete in everyday language should no longer have a place in the dictionary.

Language and culture are constantly changing, so how do we keep up with these changes without losing our past?

Collins Dictionaries has recently announced that they will be dropping various words from its smaller English dictionary versions as they have become obsolete and outdated. According to The Guardian, some of the words which have made it on to this list of extinction include:

Wittol - a word used in the 1940s and earlier to describe a man who tolerates his wife’s unfaithfulness.

Aerodrome – a word which refers to the place where aircrafts take off and land. It is almost the equivalent to today’s ‘airports’. The word is still used in official documents by the International Civil Aviation Organisation (ICAO) but rarely in everyday language.

Charabanc - referred to a motor coach usually used for sightseeing. This word comes from the French expression ‘char-à-bancs’, which means wagon with seats.

Succedaneum - signifying something used as a substitute. This word is mostly used in the medical sphere to describe any drug that can be taken in place of another.

Supererogate - not performing more than is actually required.

While some words become obsolete from everyday language, others still exist but their meaning has changed over time. Words like fun fur have remained in use as their meanings have been adapted to current circumstances. Fun fur used to refer to cheap animal fur that had been dyed in several colors until the 1960s. Today it refers to synthetic fur.

Though many of these words on the list are rarely used in modern society, they will still have a place in the bigger dictionaries as they might be relevant to specific fields, and logistically there is enough space to keep them there unlike in the smaller versions.

Words and their meanings are always bound to specific contexts and times in which their meaning makes sense. Anyone learning a language needs to be aware of how words are used today and historically in order to correctly interpret and understand their meaning. Language courses can help people keep up with the constant changes in language to make sure that their skills are the most appropriate for today’s modern world.

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Post tags: language course, Language Training, Language Training Courses, learning a foreign language, obsolete words

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Tips for Learning a Foreign Language – Inside the Training Room

admin — Wed, 12 Oct 2011 10:47:43 +0000

Learning a language, as with learning anything, should remain interesting or else it can quickly become a chore. Once this happens, the motivation seeps away from the learner and the end of the learning process is in sight. This reasoning is particularly important for foreign languages as learning a language well can take years. It’s really important therefore that anyone taking a language course has the content and materials tailored to their unique needs and requirements.

Cinema fans would obviously be drawn to using film extracts, trailers and film reviews. Sports fans on the other hand would be more attracted by sports websites, sports TV channels, sports articles and columns in magazines and newspapers and sporting profiles. Obviously, if learners are in a group then they have limited control over the material provided. Whatever their preference and learning style, however, the methodology and content of the language course needs to be adapted appropriately to create maximum impact.

Learners are essential to the success of the learning process and are consulted more now than they ever used to be about their interests in an effort to ensure the most appropriate material is being used. For younger learners in schools, this is rarely the case as there is a curriculum and a lot of pupils to cater for. For professional adult learners, however, there is much more flexibility in the way that language courses are adapted.

Adult learners need to take responsibility for their own learning as this will create the most effective results. Learners who lack the right level of motivation, curiosity and open-mindedness about language training will struggle to see any concrete results. Here are a few things that learners can do or be to make their language course as effective as possible:

Learners need to be open-minded about how learning a language through different training approaches can benefit them. They need to be open about their personal interests and learning style so that the trainer can adapt the course in such a way that will remain interesting for the learners.

Learners also need to show a curiosity and willingness to understand the different structures of the target language and the way its grammar works. Asking questions and being inquisitive about the language rather than just memorising things will create the most learning opportunities that will be beneficial in the long term.

For learners in group language courses, sharing knowledge and ideas with other learners can help solve problems and facilitate progress. There is also the important social element present in a cooperative environment which can increase learners’ motivation and maintain their good levels of attendance in difficult times. The idea of working together with others to do activities, often referred to as task-based learning, has become an important approach in language learning.

As in any language, vocabulary is essential. For communicative purposes, it is arguably more important than grammar. It’s therefore imperative that learners are motivated to learn a certain number of new vocabulary items per week. These items need to be learned in context, so their precise meaning and how they are used can be fully understood. The pronunciation and spelling of the word are obviously important as well but may also depend on the level of the learner’s language ability and needs. Being selective is essential as there are simply too many words in any language to try to learn them all. This is the job of the learner outside the classroom and the job of both the trainer and the learner inside the classroom.

Language learners play a huge role in ensuring the success of anylanguage course. By understanding their own learning style and sharing this with their trainer they can not only enjoy training more but they will also learn more effectively. Motivation, open-mindedness and curiosity are all essential for any language learner, not only in the training room but in practising the language in the real world.

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Post tags: How to Learn a Foreign Language, how to learn a language, language course, Language Training, Language Training Courses, Tips for Learning a Foreign Language, training methodology

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Legal English in Focus: The Language of Contracts – “Subject To” and “Notwithstanding”

admin — Sat, 01 Oct 2011 09:12:48 +0000

There are a large number of words which commonly appear in legal contracts that must be understood in order to effectively interpret and use Legal English. “Subject to” and “notwithstanding” are two expressions that can cause some confusion. A Legal English training course will help you further understand these words to ensure you can write and interpret Legal English as effectively and correctly as possible. Here you will find a brief summary of how to effectively interpret and use these terms.

The phrases “subject to” has two meanings:

(a) a cross-referencing phrase
(b) a phrase introducing a conditional sentence such as “provided that”

Cross Referencing

The phrases “subject to” and “notwithstanding” are used as a cross-referencing phrases linking a main rule to an exception:

1. Price

1.1 Subject to Clause 3.2, the price of the products is set out in Schedule 2.

1.2 Notwithstanding Clause 3.1, The Seller is entitled to change the price, by giving the Buyer seven days’ prior written notice.

“Subject to” looks ahead to the exception whereas “notwithstanding” looks back to the main rule. A more plain English synonym for “notwithstanding” is “despite”. The drafter can select either of these phrases depending on where he wishes to place the emphasis.

If the phrase “subject to” were omitted, the meaning of the clause would still be clear. Its purpose, however, is to emphasise the relationship between the main rule (the price set out in the schedule) and the exception whereby the Seller may unilaterally change the price. It’s more important to use these phrases when there is a big gap between the main rule and the exception.

Conditional Sentences

The phrase “subject to” may be used in order to introduce a conditional sentence. For example, by replacing the word “by” in the example given in clause 3.2 above, it would then read as follows:

3.2 The Seller is entitled to change the price subject to giving the Buyer seven days’ prior written notice.

Where “subject to” is used in a contract for cross-referencing purposes, it’s advisable not to use it in conditional sentences as well to ensure clarity.

Anyone taking aLegal English training course or looking to improve their Legal English skills can benefit immensely from reading through the key words and their meanings that we highlight in this series about the language of contracts.

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Post tags: legal english, Legal English Course Training, Legal Terms for Contracts, Notwithstanding, the Language of Contracts, Tips for Writing a Contract

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