《法律英语词汇之合同常见词汇讲义.ppt》由会员分享，可在线阅读，更多相关《法律英语词汇之合同常见词汇讲义.ppt（95页珍藏版）》请在三一文库上搜索。
1、法律英语词汇 合同常见词汇,主讲人：何有添（Edward Ho）,之,Objects,认识本堂课讲授的1000个单词和表达 掌握最常见词汇的意思和用法,Stage 1 400基本词汇,Stage 2 300初级词汇,Stage 3 200中级词汇,Stage 4 100高级词汇,Stage 5 Fighting表示词义相关,Step by Step,Step One In Whole,常见合同名称(not exhaustive),carriage/transportation/forwarding contract construction engineering and installati
2、on contract contract for compensation trade contract of sale for commodity houses employment contract for legal consultant factoring contract import and export contract insurance contract joint venture contract labor contract lease and transfer of the right to the use of land loan contract mortgage
3、contract property management contract purchase contract warehousing contract,合同名称（续）,agency appointment contract brokerage contract carriage contract contract for construction project contract for loan of money contract for supply of power, water, gas or heat financial leasing contract gift contract
4、 leasing contract safe-keeping contract sales contract technology contract trading trust contract warehousing contract work-for-hire contract,常见协议名称(not exhaustive),adoption agreement agency agreement agreement on assignment of equity interests articles of association/incorporation, memorandum of as
5、sociation composition agreement confidentiality agreement contract for assignment divorce agreement escrow/deposit agreement financing agreement human agency agreement legacy-support agreement letter of intent heads of agreement licensing agreement memorandum (of understanding),常见协议名称（续）,non-compete
6、 agreement outsourcing agreement partnership agreement preliminary agreement retainer agreement share transfer/purchase agreement service agreement security/suretyship agreement stock option agreement supply agreement technical consulting agreement technical development agreement technical service a
7、greement technical transfer agreement tenancy agreement venture capital management agreement,附件、附表、附录、附图,Annex, Annexes, Appendix, Appendices, Schedule, Schedules, Addendum, Addenda, Exhibit, Exhibits, Attachment, Attachments Figure, Map Supplementary Agreement, Supplemental Agreement Resolution, Mi
8、nutes,封面、主体、当事人部分,Contact No., confidential, draft, version, in respect of （关于）, date, venue/place/place of signature Name, sex, citizenship/nationality, residence, Postal Address, ID No./ Passport No. Name, Legal Address(domicile), Principal Place of Business （主要营业地）, Registered Place, Legal Repres
9、entative/Authorized Representative (Party A and Party B) Transferor/Assignor, Transferee/Assign(ee), Seller/Buyer/Purchaser, Lessor/Landlord, Lessess/Tenant, Principal/Agent, Licensor/Licensee (duly) organized/incorporated and (effective) existing under the laws of A national of/an individual with t
10、he nationality of,序文,Witnesseth, Recitals, Preamble Whereas In consideration of Premises and covenants It is hereby agreed as followed,证明部分,In Witness Whereof In Testimony Whereof Legal Representatives, Duly authorized Signatory/Representatives Execute, enter into, deliver On the date first written
11、above Cause,签字部分,For and on behalf of Signed by, Signature, By In the presence of （见证人）, Capacity, Address, Witness Notarized by （公证人） Attorney Seal, Common Seal （公章）, Chop,正文,Arbitration Counterpart Dispute Resolution/Settlement Entirety/Entire Agreement Headings Indemnification Intellectual Proper
12、ty Right Language Liabilities for Breach of Contract/Default Miscellaneous (Other Provisions) Notice Representation and Warranties Rights and Obligations Severability Survival Transfer/Assignment (No) Waiver,Arbitration,Controversy, claim, award, outcome, competent jurisdiction, enforcement, appeal,
13、 choice of law Settle, administered by, submit, adjudicate, arbitrate, first attempt to, render, to be conducted (venue), initiate the procedures Single arbitrator, a panel of three arbitrators, adjudicator Arising out of , relate to, before, pending, in favor of/against, without regard to,Amendment
14、/Modification/Changes,Amendment to Written agreement As a condition precedent to/As a precondition to/As a requisite to Alter, change A writing,Binding Effect,Binding upon, inures to the benefit of permitted successors and assigns, heirs, executors, administrators, legal representatives Binds only,C
15、onfidentiality,Confidential information, recipient, receiving party, proprietary information However documented, containing or based on, known, obtained, got access to, acquire, stamped/marked/identified as (confidential), whatever form, tangible or intangible, cause, procure, divulge, make availabl
16、e to Financial statements, budgets and projections, customer identities, potential customers (prospects), employees, suppliers, servicing methods, equipment, programs, strategies, analyses, profit margins, know-how In the course of their employment, public domain, technical secrets, trade secrets Pu
17、blic available, disclosure, in the possess of, prior to, duty of confidentiality, during and after the term of this Agreement, As expressly otherwise permitted by, with/without the prior written consent of Detrimental, keep confidential, take measures, unauthorized use, permitted use, to the extent
18、practicable, permitted disclosure, derivative materials, compelled disclosure, manifested in writing , orally, in graphics, electronically or by any other means, expressly marked exclusive or secret, through no fault of , independently developed,Counterpart,In (multiple) counterparts Execute, make,
19、constitute Original, duplicate originals In duplicate, triplicate, Carbon copy, hard copy With equal binding force, being equally valid and authentic Inconsistency, prevail, in the presence of,Dispute Resolution/Settlement,Questions, disputes Friendly negotiation First attempt to Resort to/bring to
20、the court In case of Failure to reach an agreement upon negotiation,Dispute Resolution/Settlement,CIETAC (China International Economic and Trade Arbitration Commission) CCOIC Court of Arbitration (Court of Arbitration of China Chamber of International Commerce) ICC (International Chamber of Commerce
21、) LCIA ( London Court of International Arbitration) HKIAC (Hong Kong International Arbitration Center) SIAC (Singapore International Arbitration Center) CMAC(China Maritime Arbitration Commission) SCC (Arbitration Institute of the Stockholm Chamber of Commerce) Court of Arbitration of the Zurich Cha
22、mber of Commerce AAA (American Arbitration Association) JCAA (Japan Commercial Arbitration Association),Entirety/Entire Agreement,Final agreement, entire agreement Complete and exclusive expression Supersede, merge into Prior, contemporaneous Negotiations, agreements, understandings, subject matters
23、, duly executed Oral or written,Force Majeure,War, flood, lightening, drought, earthquake, fire, volcanic eruption, landslide, hurricane, tornado, typhoon, cyclone, explosion, civil disturbance, act of God, public enemy, terrorist act (terrorism), military action, epidemic, famine, plague, shipwreck
24、, action of a court, public authority, strike, work-to-rule action, go-slow or similar labor difficulties, invasion, sabotage, armed conflict, act of foreign enemy, blockade, embargo, revolution, riot, insurrection, civil commotion, radioactive contamination, ionizing radiation, industrial action, c
25、hange in law,Force Majeure,Nonperforming party, failing party Delay in performance, non-performance In whole or in part, for a period more than, consecutive months Impracticable, unforeseeable, inevitable, insurmountable, exhaustive Occurrence, contingency, emergency, non-occurrence Seasonably, beyo
26、nd reasonable control of, Expected duration, probable impact, continuation, exercise commercially reasonable efforts, mitigate damages, suspend/resume performance,Further Assurance,All commercially reasonable efforts, Consummate Necessary or desirable Take or cause to be taken, hold in trust for, re
27、al or personal property Without limiting the generality of the foregoing, at the request of, vest in Satisfy conditions,Governing/Applicable Law,Govern, construe, interpret Without giving effect to its conflicts of law principles Interpretation, construction, performance, enforcement Laying of venue
28、 Brought in an inconvenient forum,Indemnification,Indemnitor, indemnitee, attorney-in-fact, indemnitor representative, third-party beneficiaries Act for, on behalf of Claim, third-party claim, act or omission, gross negligence, willful conduct, set-off Dispute, defend, compromise, settle liability i
29、nstitute, and prosecute actions Indemnify, defend, protect, release, hold harmless from and against Injury to property or persons Contribution, just and equitable Indemnifiable losses, contribute to losses,Indemnification,Fees, fines, penalties, liabilities, litigation expenses, aggregate of losses,
30、 basket, cap, ceiling, maximum liability, cumulative pre-tax basis, gross-up, irreparable damages, injunctive relief, deemed losses, compromise, settlement, monetary damages, claimant Material misrepresentation, breach of warranty Of whatever kind or nature, contingent or otherwise, known or unknown
31、, exclusive Incurred, imposed, suffered, be subrogated to Immediately preceding to,Insurance,Insurance policy, insurer, insured, co-insurance Premium, coverage, risk, claim, loss or damage, injury Cover, purchase, take out, maintain, recover, insure, effect, write Only if and to the extent that Unde
32、rwriter, certificate of insurance, receipts, Discharge Liability insurance, pension insurance, third party liability insurance, public liability insurance, workers compensation insurance, employers liability insurance, professional liability insurance, commercial general insurance, automobile liabil
33、ity insurance,Intellectual Property Right,Title, value, legal sufficiency Transfer, licensee, licensor Exploit, own, reproduce, develop, grant, compile Right, title, interest Infringement, imitation, dilution, distortion, misappropriation, unauthorized use, names, marks, trade mark, trade secret, pr
34、otection, confidential mark, dissemination, registration or application for registration, invention, utility models, designs, royalty, license fee, exclusive right In violation or derogation, in the name of Identifying, filing and registering IPR Paris Convention for The Protection of Industrial Pro
35、perty,Liabilities for Breach of Contract/Default,Liquidated damages, compensation, specific performance Constitute a breach of contract/ default Deemed as/to be Violate, Cure, terminate, fail, send Breaching party, non-breaching party, defaulting party, non-defaulting party Liquidated damages, punit
36、ive damages Be liable for, may Remedies, in addition, besides,Limited Liabilities,Limited to, minimum amount, maximum amount, shall not exceed Default, negligence, non-observance, non-performance, non-compliance,Miscellaneous,Written both in Prevail Inconsistency Inconsistent or conflicting provisio
37、ns,Notice,With reasonable promptness, in writing, by certified mail, by registered mail, by regular mail, prepaid, postage, properly addressed, timely, deliver, in reasonable detail Facsimile, fax, telex, telecopy, express courier/express delivery service, recorded delivery, registered airmail, pers
38、onal delivery, speed post, first class post Serve , Process agent, service,Price, Payment & Expenses,In arrears, due, unpaid, payable Costs, expenses, purchase price T/T, L/C, remittance bank, swift code Installment, advance, in advance, deposit, earnest money Interim payment, extension of time, gra
39、ce,Representation and Warranties,As is, where is Express or implied, whether arising at law or at equity Disclaim, represent, warrant Title, infringement, merchantability, fitness for a particular purpose, free of defects Assumption of risks Exclusive warranty, limited warranty,Rights and Obligation
40、s,Is entitled to, shall have the right Is obliged to, shall be responsible/liable/ answerable for May, may not, shall,Severability,Invalid, illegal, unenforceable Determine, render, hold, affect, impair, modify Remaining provisions, remainder, rest Remain in full force and effect, enforce to the max
41、imum extent permitted by law Valid, binding, enforceable To the extent permitted by law, in any way Validity, legality and enforceability Carry out intention, fulfill as closely as possible the original intents and purposes,Special Definitions-Headings, Number & Gender,Headings, captions, titles, Se
42、ctions, subsections For convenience only, For convenience of reference only Constitute, affect Reference, singular, plural, masculine gender, feminine gender and neuter gender,Survival,Survive, closing of transaction Expire, on the date of Apply, for a period of,Tax,Taxes, fees, levies, expenses, ch
43、arges, tariffs, duties, amounts, earning, proceeds, revenue Assume, levy, allocate, reduce, file, collect from, pay Income tax, consumption tax, value-added tax, sales tax, business tax, stamp Deduction, credit, exemption, avoidance, Income, gain, Loss, tax return, tax assessments, tax payment, tax
44、statement, tax clearance certificate, proof for exemption, realized profits, correlative tax benefits Taxable, payable,Term, Termination and Effectiveness,Come into force, be effective, remain in full effect until Last-to-sign, an indefinite term, Terminate, rescind, cure, Consequence resulting ther
45、efrom Effective date Life of this contract,Time of Essence,Anticipated, constitute, fail to close on or before Delay, completion, material breach within,Transfer/Assignment,Assign, assignment Whether by merger, consolidation, dissolution, operation of law, or any other manner Voluntarily or involunt
46、arily assignor, non-assigning party, assignment of rights, delegate performance Address, transfer,Waiver,Undersigned, subsequent or simultaneous exercise, subsequent breach Knowingly, voluntarily, intentionally Waive, contemplate Waiver, course of dealing, any further occasion, Failure or delay in S
47、ingle/ partial Exercise (right or remedy), require(satisfaction of conditions), preclude,Step Two In Part,表示“规定”,Provision, stipulation, prescription Provide, stipulate, prescribe, set forth, specify, set out , state,表示“地址，场所，办事处”,Place, Address, Principal Place of Business, Domicile, Place of Abode
48、, Business Premises, Registered Office, Principal Office,表示“变更,修改”,Modification, Change, Alternation, Novation, amendment Modify, change, alter, amend,表示“转让”,Assign, Transfer, Alien, Alienate, Cede, Conveyance, Demise,表示“签署”,Execute, Sign, Enter into，Initial, Countersign and Return the Copy,表示“副本”,C
49、ounterpart, Copy, Duplicate, Photocopy, Carbon Copy (与Original相对),表示“同意、批准”,Consent, Sanction, Approval,表示“送达”,Dispatch，Deliver，Send，Serve，Delivery，Service,表示“附件”,Annex, Annexes, Appendix, Appendices, Schedule, Schedules, Addendum, Addenda, Exhibit, Exhibits, Attachment, Attachments, Accessory, Enclosure, Supplement,表示“合并”,Annex, Acquisition and Merger, Consolidation, consolidate,表示“印章”和“盖章”,Seal, Chop, L.S. Common Seal, Official Seal Stamp sth, Chop sth, Seal sth, Affix seal to sth,表示“遵守”,Abide By，Observe，Comply With, Be Suject to Sth, Observe and Enforce Sth, Observe and Comply