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Vocabulary 3–4 and Exercises 3A–4A in case of difficulties.
TEXT 3
Classification of Contracts. Unilateral and Bilateral Contracts. In a unilateral con-
tract, there is only one promise, and it is contained in the offer. The offer is accepted by
performance of the thing called for in the offer.
In a bilateral contract, the parties make mutual promises which are sufficient consid-
eration for each other. Offer, acceptance, and consideration are present at the outset, even
though the promises have yet to be performed. Each party may have a cause of action for an
attempted disavowal of the agreement by the other party, or even for an expected (anticipa-
tory) breach of the contract. That is, if it seems clear that a party is not going to perform its
part of the bargain, even though the time for performance has not arrived, the other party
may seek a remedy in court.
Express and Implied Contracts. The terms of an enforceable contract are usually spe-
cific enough that it is an express contract. Sometimes, neither party really specifies what the
terms are, but their actions are such that the conditions of the contract can be inferred. In
such a situation, there may be an implied contract. More often, the contract and some of its
terms will be express, but other terms must be implied. For example, a continuing contract
for certain kinds of supplies may be somewhat vague as to the price for each delivery. As-
sume that a printer regularly buys a specific kind and quantity of paper, but the price of the
paper fluctuates with supply. Because the contract is express in most respects and regularly
performed, there is no doubt that it exists. In a dispute, however, a court may have to decide
whether an implied condition was to continue to deliver the supplies at the original price,
or to make each delivery at the current price without notice.
TEXT 4
Written and Oral Contracts. With some important exceptions, it does not matter
whether a contract is written or oral. If the basic elements are present, an oral agreement is
just as valid as a written agreement and enforceable in the same ways.
There are some instances where a contract must be in writing. First, a contract should be
written where the parties have come to an understanding in negotiations that the final agree-
ment will be in writing. (In this situation the contract should be reduced to writing even if it
is a type of contract which would be valid and enforceable even if it was an oral contract.)
Second, the law requires that certain types of contracts be in writing. These are:
(1) contracts to answer for someone else’s debt, default, or wrongful act or omission;
(2) contracts by the executor or administrator of an estate to use his (the executor’s or
administrator’s) own estate to pay for damages attributable to the estate in which he is a
fiduciary; (3) prenuptial agreements or contracts between engaged couples settling various
questions of property and rights in consideration of marriage; (4) contracts for the sale of
land or any interest in land; and (5) contracts which will not be fully performed (by at least
one party) within one year.
There are some other types of contracts which must be in writing. One of the most im-
portant of these is a commercial contract for the purchase and sale of goods involving $ 500
or more. Further, most loan agreements must be in writing and signed by the debtor.
The requirement that a contract be written does not mean that the contract must be
formal. The contract can be plain or fancy. It might be many pages long, and printed or it
might be just a few sketchy notes on the back of an old envelope.
Exercise 9. Work in pairs. Study the Vocabulary below and then translate the fol-
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Exercise 6. Translate into Ukrainian. | | | VOCABULARY – 5 |