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Test your professional English. Task 1. Match the type of contract with its description. 1.Consultancy agreement a
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Task 1. Match the type of contract with its description.
| 1.Consultancy agreement | a. This agreement is used to ensure the repayment of money borrowed, usually in monthly instalments. |
| 2. Distribution agreement | b. This agreement is used where one party buys goods from the manufacturer and re-sells them on his own account. He will however be given the right to use the manufacturer's intellectual property rights. |
| 3. Franchise agreement | c. This agreement sets out the terms and conditions on which a business supplies goods. |
| 4. Loan agreement | d. This agreement is used where one party grants to another the right to run a business in the name of the first party. Examples include Body Shop and McDonalds. |
| 5. Manufacturing licence agreement | e. This is the equivalent of a contract of employment for directors. |
| 6. Terms and conditions of sale agreement | f. This agreement is used where one party is providing services as an independent advisor to a company. |
| 7. Contract of employment | g. This agreement should be used where one party (the licensor) owns intellectual property rights in respect of a product it has developed and wishes to license the manufacture of the product to a third party. |
| 8. Directors' service agreement | h. This is intended to govern the relationship between a number of shareholders in a company. The agreement works as a second layer of protection preventing the company from being run in a manner other than has been agreed. |
| 9. Shareholders' agreement | i. This contract comes into existence as soon as a job offer is accepted whether that offer is oral or in writing |
Task 2. Many Latin expressions are used in British law, for example corpus delicti is the proof that a crime has been committed. Match words from the two boxes, A and B, to make 15 legal expressions which fit the definitions in the list. Each expression should consist of a word from Box A followed by a word from Box B. The first one has been done for you as an example.
| B.alia • capax • capita • corpus • dicta • emptor • facie • facto fide • generis • mentis • quoties • versa • vivos • voce | |
| Definition | Answer |
| In good faith | |
| Among other things. | |
| The buyer is responsible for checking a purchase | |
| Things which are said in passing | |
| In the opposite way | |
| By speaking | |
| Sane | |
| In a class of its own | |
| As often as necessary | |
| Between living people | |
| A legal remedy against wrongful imprisonment | |
| By this fact, in itself | |
| Capable of crime | |
| For each person | |
| As things seem at first |
Task 3. The italicised words in the sentences in Column A are all nouns. What are the adjective forms? Comp lete the sentences in Column В using the correct adjective forms.
| 1. The company was declared to be in a state insolvency | The company was declared to be … |
| 2. The jury returned a verdict of not guilty by reason of insanity. | The jury found the accused to be … and not guilty |
| 3. He admitted his guilt | He admitted he was … |
| 4. His incompetence to sign the contract was pointed out. | It was pointed out that he was … to sign the contract |
| 5. There is no responsibility on the company's part for loss of customers' property. | The company is not … for loss of customers’ property |
| 6. The police found the youth to be in a state of intoxification | The police found the youth to be … |
| 7.The solicitor confirmed the fitness of her client to plead | The solicitor confirmed that her client was …to plead |
| 8. Non profit-making organizations can claim tax exemption. | Non profit-making organizations are …from tax |
| 9. There is doubt about the legality of the company's action in dismissing him. | There is doubt about whether the company's action in dismissing him is completely |
| 10. The court doubted the legitimacy of his claim | The court doubted whether his claim was |
Task 4. In Column A of this table there are 20 nouns relating to legal matters. For each of the nouns decide whether the correct plural form is in Column B or Column C.
| Column A | Column B | Column C |
| referendum | referendums | referenda |
| preservation order | preservation order | preservation orders |
| bureau | bureaus | bureaux |
| criterion | criteria | criterions |
| policewoman | policewomans | policewomen |
| misdemeanour | misdemeanours | misdemeanoures |
| corpus | corpora | corpuses |
| notary public | notary publics | notaries public |
| memorandum | memoranda | memorandums |
| juryman | jurymen | jurymans |
| rejoinder | rejoinders | rejoinderi |
| moratorium | moratoriums | moratoria |
| appendix | appendixes | appendices |
| injunction | injunctions | injuncta |
| provision | provisiones | provisions |
| corrigendum | corrigenda | corrigendums |
| president-elect | presidents-elect | president-elects |
| LJ | LJJ | LJs |
| quango | quangi | quangos |
| dictum | dicta | dictums |
Task 5. Sometimes two words can be spelled the same but pronounce differently. This is often because one word is a noun and the other is a verb. Read the following sentences. Decide in each case if the word in italics is a verb or a noun. Then decide which stress pattern it has.
1. France, Spain, Greece and Italy export olive oil. (N/V)
2. Manufactured goods are Japan’s principal export. (N/V)
3. The main suspect in the murder investigation is the husband. (N/V)
4. We suspect that the robbery was carried out by someone inside the company. (N/V)
5. Great news: they have offered us the contract. (N/V)
6. We’re going to contract a company called All Clear to deal with security. (N/V)
7. Given the evidence, I’m sure they’ll convict him. (N/V)
8. He wrote to you from prison – you must have known he was a convict. (N/V)
9. I’m sorry, you can’t park here without a permit. (N/V)
10. This document will permit you to sell computer system abroad. (N/V)
11. It’s important to record everything the prisoner says during interrogation. (N/V)
12. We keep a record of sales from day to day on the computer. (N/V)
13. The object of our meeting today is to discuss the damages claim by Mr Larsen. (N/V)
14. I’m told that you object to one of the clauses in the agreement.
15. With your permission, I would like to read you an extract from the statement. (N/V)
16. Can you go through the accounts and extract the information he’s asking for? (N/V)
17. The two companies will conduct negotiations which may lead to a merger. (N/V)
18. She divorced him because of his unreasonable conduct. (N/V)
19. I don’t dispute your claim to the estate. (N/V)
20. I believe there is a dispute between my client and yours. (N/V)
Task 6. Render into English.
Договором определяется объем прав и обязанностей участников гражданских правоотношений, порядок и условия исполнения обязательств, ответственность за их неисполнение или же ненадлежащее исполнение.
Содержание договора – совокупность действий, которые стороны обязались совершить (не совершить).
Закон регулирует только основные, наиболее распространенные виды договоров.
Стороны же могут заключать сделки, в которых содержатся элементы различных видов договоров, как предусмотренные, так и не предусмотренные законом.
Договор вступает в силу с момента его заключения, действует до определенного в нем момента окончания исполнения сторонами обязательства. Окончание срока действия договора не влечет прекращения договорных обязательств, кроме случаев прямого указания на это в законе или договоре.
Договор заключается посредством направления оферты одной из сторон и ее акцепта другой.
Оферта – адресованное одному или нескольким конкретным лицам предложение заключить договор. Оферта должна содержать существенные условия договора. Оферта связывает направившее ее лицо с момента ее получения адресатом.
Оферта публичная – содержащее все существенные условия договора предложение, из которого усматривается воля лица, делающего предложение, заключить договор на указанных в оферте условиях с любым, кто отзовется.
Акцепт – ответ лица, которому адресована оферта, о ее полном и безоговорочном принятии.
Task 7. Discuss the following:
1. (a) Explain and illustrate the distinction between an offer and an invitation to make an offer in the formation of a contract.
(b) Brenda visits a self-service store and selects several articles which she places in the wire basket provided. She then changes her mind about some of these articles and replaces them on the shelves. The manager of the store claims that she has purchased the goods by placing them in the basket and that she must pay for them. Advise Brenda.
2. Outline the legal position of the parties and the principles of law involved in the following circumstances:
(a) A offers to sell a lorry to В who states that he will accept the offer if A will undertake to pay for any repairs that may be necessary during the next three months. A refuses this condition. В then states that he will buy the lorry without insisting upon this requirement, but A replies to the effect that he no longer wishes to sell.
(b) С offers to sell a van to D and states that he will give D a week to decide whether or not he wishes to buy. After three days, D is informed by X that С has sold the van to E. D writes to С accepting his offer.
3. (a) When may a contract be formed without the acceptance of the offer being
specifically communicated to the offerer?
(b) Williams, a wholesaler, offered to sell a consignment of cheap tinned fruit to Roger, a retailer. Roger intended to accept this offer, but forgot to inform Williams. Roger did, however, arrange for the printing of leaflets advertising the sale of this fruit in his shop. Williams saw one of the leaflets when he happened to visit the printer. Williams now believes that he can obtain a better price for the fruit and has written to Roger withdrawing his offer. Advise Roger.
4. (a) Outline the rules applicable to the formation of contracts made by letters through the post. Do these rules apply equally to contracts made by telephone and e-mail?
(b) Martin telephones Nigel and offers to sell him a lorry. Nigel accepts the offer but Martin does not hear because of a bad line. Nigel changes his mind and writes to Martin saying that he does not wish to buy the lorry. Advise Martin.
5. (a) While a contract will not normally be valid if the terms are uncertain, it may still be possible to leave some of the terms to be decided at a later date. When may this be done?
(b) A supermarket contracted to buy the meat it required during 2002 from Henry at the then prevailing price. A clause in the contract gave the supermarket the option to extend the contract to cover its requirements for meat in 2003 but no mention was made of the price or any other terms.
The supermarket now seeks to exercise this option but Henry wishes to sell his meat elsewhere.
Advise Henry as to whether or not he is bound by this option.
6. Explain, with reasons, whether a valid contract has been formed between Sidney and Brian in each of the following situations: (a) Sidney agrees to sell goods to Brian 'on the usual terms'.
(b) Sidney offers to sell goods to Brian for £ 500. Brian says he will pay £ 400 but Sidney refuses to reduce the price. Brian then says he will pay £ 500.
(c) Sidney offers to sell goods to Brian and gives him 10 days to decide whether he wishes to buy them. After five days Sidney sells the goods elsewhere. Two days later, Brian says that he accepts the offer.