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LECTURE 4 Contracts (1, 2 parts).docx
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It is important to note that in certain circumstances it may be possible to use more than one preposition, and that there may be small but important differences in meaning between them.

For example, the sentence:

The goods must be delivered within 7 days - протягом 7 днів

is subtly different from

The goods must be delivered in 7 days – на 7-й день

The use of the word within makes it clear that the goods may be delivered at any time up to the seventh day, while the word in implies that the goods should be delivered on the seventh day. This minor linguistic difference could be critically important in a contract for the sale of goods.

Synonyms

Legal English is full of synonyms. It is therefore all too easy to start writing about something using certain words, and then later on in the document or letter start using other words to describe it. This can lead to lack of clarity or to ambiguity. It is crucial to be consistent in your use of terminology.

For example, if you start off with buyer and seller, do not start using vendor and purchaser later in the document. Never mix parts of different pairs: for example landlord (орендодавець) and lessee (наймач, орендар), vendor (продавець) and buyer (покупець)

Here are some examples of commonly used synonyms for legal concepts used in legal documents. There are subtle differences in meaning or usage between them.

_ Assign (переуступати, передавати права(тощо) is used in relation to intangible property (such as rights under a contract) while transfer is generally used in relation to tangible property (such as land and other physical items).

_ Breach (недотримання,порушення (прав) is used in relation to contractual violations, while infringement is used in relation to the violation of rights (particularly intellectual property rights).

_ Clause is frequently used in relation to specific contracts, while article is more often in relation to EC legislation and overarching or framework agreements/terms and conditions.

_ Contract is generally used in relation to a specific written contract with legal effect, while agreement may also be used in a more general sense to refer to loose understandings or oral agreements (which may or may not have legal effect).

_ Landlord (орендодавець, власник нерухомості) and tenant (орендар, наймач) are used in relation only to the lease of real estate, while lessor and lessee may also be used in relation to the lease of other types of property.

_ Obligation is generally used to refer to a specific duty under a contract or legal provision, while liability refers to legal consequences. For example, breach of an obligation may lead to legal liability.

_ Undertake (брати на себе (зобов'язання, функції тощо) ; is generally used to indicate a commitment to do a certain thing and to accept the legal consequences of doing so (‘X undertakes to deliver the goods to Y by 5 June’), while assurance refers to a collateral promise given by a third party.

_ Void (недійсний, нечинний) and invalid mean that something is not legally binding and has no legal effect, while ineffective refers to something that fails to achieve the required legal aim.

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