1. Mutual assent. There must be an offer and acceptance. Mutual assent takes place between the parties when they are in complete agreement on the terms of the contract. In law, this is called “the meeting to the minds”, meaning that both parties understand and are willing to enter into the agreement. Under the principles of law, a contract is not valid unless the parties freely agree.
2. Competent parties. For a contract to be valid, the parties making a contract must be considered competent. This means that the people involved must have the ability to fully understand the extent of their rights and obligations in the matter. Certain individuals are prevented by law from making enforceable contracts.
Among those considered not competent under the law are minors. A minor is a person who has not reached a specified age which is considered to be the age of full maturity with the ability to make
judgements. Anyone under the age of 18 is not considered competent and may not enter into legal contracts.
When people do not have the mental ability to understand the nature of contracts, they may bе declared incompetent in a court of law. Contracts made with such people are not enforceable.
3. Legal purpose. To be valid, a contract must not be contrary to the law or to the interest of society! The terms of any agreement which are illegal or are harmful to the public, health or morals are in fact not a contract because they are not enforceable. Examples of illegal agreements include those involving agreement to steal or to accept stolen goods.
It is also illegal to enter into agreement to give false testimony for a fee. Such agreements do not meet the requirements of being lawful.
4. Consideration. There must be something of value exchanged between the parties to make the contract binding. What either party agrees to do in return for the promise received is known as consideration.
Consideration is not always in the form of money. It may include services, goods, or a promise not to do something one has the legal right to do.
5. Legal form. A contract may be informal or formal. Many contracts are simple and informal, and few of such contracts would involve the exchange of much money. Problems arising in making informal contracts may be resolved without court action. Other contracts, such as the
purchase of real estate, must be formal, for they involve the exchange of large amounts of money.
Contracts may be either written or oral. The nature of some transactions requires written contracts. A contract for labor and materials is not always in writing, but a written contract helps to avoid misunderstandings.
Notes to the text:
the contract is valid - договор в силе
to fail to keep the agreement - не сдержать обещание
Exercise 2. Guess the meanings of the following words and say:
1. Who is who:
1) any one human being a) attorney
(contrasted with society)
2) person who practices law b) contractor
3) person not yet legally of age c) individual
4) person, business firm, that d) lawyer
enters into contracts
5) person with legal authority e) minor
to act for another in business
or law
II. What is what:
1) immovable property consisting a) contract
of land and buildings
2) right of possessing b) law
3) one of the persons or sides c) real estate
in a legal agreement
4) standards of behavior; princip- d) party
les of right and wrong
5) binding agreement between e) ownership
persons, groups
6) rule made by authority for the f) morals
proper regulation of society
or for correct conduct in life
Exercise 3. Agree or disagree. Explain why you would agree or disagree with each of these statements.
1. It is necessary to sign a written agreement for the purchase of a suit of clothes for the contract to be binding.
2. A contract is binding even if you sign it just to get rid of a persistent salesperson.
3. A contract to purchase real estate must be in writing.
4. A contract is binding even if it involves breaking the law.
5. You are obligated to return or pay for goods sent to you that you did not order.
6. A contract is binding even if you misunderstand part of it.
7. It is legal for minors to make purchases using their parents credit card.
8. A contract is binding even if it is signed without being read.
9. A contract is binding even if it is entered into under pressure or threat.
Exercise 4. Give some facts from the text to prove the statements.
1. An agreement of a person that is younger than the recognized legal age to buy a contract item is not binding.
2. Contracts with individuals or firms without required licences are not valid.
3. It is not possible to take legal action to collect the money won in gambling.
4.
Exercise 5. Give adequate Russian equivalents of the words "consider", "fail", "matter". Translate the sentences.
a) consider, consideration, considerable - общий элемент смысла: включение во внимание и учитывание. Русские эквиваленты: to consider - рассматривать, обсуждать; обдумывать; считать; принимать во внимание; consideration - рассмотрение, обсуждение; соображение; вознаграждение,компенсация; considerable - значительный, важный.
1. Please consider my suggestion.
2. We must consider the feelings of other people.
3. Do you consider it wise to interfere?
4. The contract considered required some details.
5. The problem is given a careful consideration by everybody.
6. No decision has been taken yet as the contract is now under consideration.
7. Time is an important consideration in this case.
8. He's the sort of man who would do anything for a consideration.
9. Mr. Black is a considerable man in local affairs.
b) fail, failure - общий элемент смысла: невыполнение ожидаемого, или должного. Русские эквиваленты: to fail - потерпеть неудачу; не удаваться; недоставать, не хватать; ослабевать; не сделать что- либо; failure - неудача, провал; недостаток; неспособность.
1. He never rails to write to his mother every week.
2. He has been failing in health for the last two years.
3. Our water supply has failed..
4. All our attempts to sign the contract failed.
5. Failure in an examination should not take you away from trying again.
6. His failure to answer questions made the police suspicious.
с) matter - общий элемент смысла: нечто материальное, существенное; то, что имеет значение. Русские эквиваленты: вещество, материал; сущность, содержание; предмет; вопрос, дело.
1. There are several matters to be dealt with at the committee meeting
2. The matter in your essay is good but the style is bad.
3. Chemistry deals with changes in the composition of matter, physics is concerned with changes in the location or size of matter.
Exercise 6. Make up English - Russian pairs of the word groups equivalent in meaning. Use them in sentences of your own.
As a matter of fact; in a matter of seconds; it does not matter; it is a matter of common experience; it is a matter of common knowledge; no matter.
За какие-нибудь секунды; неважно; каждый знает из опыта; не имеет значения; фактически; общеизвестно
Exercise 7. Which part of Text В is the introduction, the main part, the conclusion? Give the numbers' of paragraphs that make up each part.
Exercise 8. Find sentences which give the definitions of the terms "contract" and "consideration".
Exercise 9. Shorten the second paragraph. Make each sentence as short as you can.
Exercise 10. Identify the key-sentences in paragraphs 4, 8, 12.
Exercise 11. Which paragraphs have the answer to this question: "Who is considered incompetent and unable to enter into a contract agreement?" Answer the question.
Exercise 12. On the basis of the previous exercises give a short summary of the text.
Exercise 13. Head Text С and get ready to answer the following questions:
1. What types of contracts are legally required to be in writing?
2. What are four suggestions that can he made to persons preparing and / or signing a contract?
3. Under what conditions can a contract be declared defective?
4. Under what conditions can a sales contract be oral?
Text C. Preparing Contracts
Certain contracts are required by law to be in writing. Written contracts include the following:
1. An installment credit or purchase contract.
2. A contract to sell or buy real estate, including buildings, land, mineral rights, and trees.
3. A contract to guarantee the debt of another person in case of default.
4. An agreement to sell personal property valued at over 500 dollars.
5. An agreement that is not to be performed within a year from the date it is made.
Contracts are not required to be written in any particular form. However, to be legal, they should include:
1. The date and place of the agreement.
2. The names and addresses of the parties entering into the agreement.
3. A statement of the purpose.
4. A statement, the amount of money, goods, or services given in consideration of the agreement.
5. The signatures of parties or their legal agents.
6. Signatures of witnesses when required by law or in certain transactions.
Problems result if people enter into an agreement when there is a misunderstanding on the part of one or both parties. Sometimes fraud is involved. In any event, when entering into an important contractual agreement, be extremely cautious in signing contracts. The following suggestions are made for making contracts:
1. When the contract is complex or important, it should be prepared by an attorney.
2. Head the contract carefully before signing. Be sure the terms and
amounts of money listed are accurate.
3. Always get a copy of what you sign with the signature of the other party.
4. Any change made in the terms of the contract should be. signed by both parties.
When a contract is found to be defective, it cannot be enforced.
Such contracts are classified as void and may be broken by either party. A contract may be void under the following conditions:
1. When a contract is made by compulsion through threats or by violence.
2. When terms of the contracts are fraudulent, misrepresenting the actual situation.
3. When a clearly proven mistake has been made.
Notes to the text:
installment (п) - взнос; рассрочка
default (n) - неуплата, неплатеж
fraud (n) - обман, мошенничество
cautius (a) - осторожный, предусмотрительный
void (a) - недействительный
compulsion (n) – принуждение
Exercise 14. Describe the difference.
1) written contract and oral contract
2) competent party and incompetent party
3) formal contract and informal contract
4) public law and private law
5) valid contract and void contract
Exercise 15. Look through Text С concentrating on the beginning of each paragraph and write down a plan.
Exercise 16. Divide Text С into four parts and suggest a title for each.
Exercise 17. Write an abstract of Text С in four sentences.
Part III
Exercise 1. Read Text D and the dialogue which follows it. Study some considerations а buyer of real estate should carefully check.
Text D. Buying a Home
Just about every young family looks forward to buying a home. The purchase of real estate may be the first time you need a lawyer. Many real estate agents encourage the buyer to engage a lawyer to examine the legal papers that are involved in buying real estate. The contract and mortgage papers will need to be examined.Help is needed to determine if the property is free of back taxes. You should ask your lawyer if you and your wife or husband should hold the property you purchase as co-owners. Your lawyer must blow the laws in the state in which you live and can explain the advantages and disadvantages for your transaction.
If you are not married, you may hold property in your own name and have none of the problems of Joint holdings. A lawyer is needed to help you select the type of property holding best for your situation.
Suppose you have decide to buy a home and the real estate agent asks you to make a down payment. Be sure you have a written statement from the seller that the down payment will be returned to you if either of you fail to go through with the deal.
Notes to the text:
mortgage - закладная
down payment - первоначальный платеж
Situation dialogue.
Dick needs some legal advice as he wants to buy a real estate. He is talking to his friend Tom, a lawyer, about it.
Dick: It's the first time when I need some legal advice.
Tom: Don't worry. I'll try to help you. What would you like to
talk to me about?
Dick: Can you give me some ideas how to avoid legal problems
when buying a home?
Tom: With pleasure. What's your first question?
Dick: Is the selling price firmly fixed in the terms of
contract?
Tom: Contracts for new houses may contain a clause that will
permit the contractor to add increased' cost. In this
case be sure you can meet the additional costs.
Dick: And what about the down payment?
Tom: Terms describing the down payment and remainder of the
cost must be established to your satisfaction.
Dick: Good. Well, tell me how can I determine if the property
is free of back taxes?
Tom: Back taxes should be paid by the seller before the
contract is signed. A lawyer s fee here may save you
time, trouble, and money.
Dick: I see. Is there anything else I should remember?
Tom: Yes. If you are contracting for a new house, be sure you
have in writing the conditions under which you or the
builder can change plans or materials.
Dick: Thank you for your advice. You are wise as usual.
Tom: Well, my advice now is to sign your contract after your
attorney has checked the terms and given you an opinion.
Exercise 2. Read English conversational formulas given below and say which of them you will express:
1) disapproval, 2) advice, 3)distress, 4) opinion, 5) surprise,
6) sympathy.
1. Why don’t you?
2. That’s not a good idea.
3. What’s the matter?
4. I’m sorry to hear that.
5. What bad luck!
6. You haven’t, have you?
7. You shouldn’t do that.
8. Really?
9. I don’t think you’re right.
10. I think you’d better....
11. I advise you not to....
12. It could be worse.
13. What?
14. I don’t believe that.
15. It’s not the end of the world.
16. If I were you I wouldn’t....
17. Whatever for?
18. I feel terrible.
19. I don’t think so.
20. I’m in serious trouble.
21. I don’t think you are right.
22. Is anything wrong?
Exercise 3. Make 6 groups of the above expressions, learn them by heart and use them in the dialogues of your own based on Text E.
The first group is made for you.
1) disapproval: That's not a good idea. You shouldn't do that.
Whatever for?
Text E. The Case of James young
James Young was working for a company located about two miles from James' home.
Since there was no bus service to the plant, James decided he would need a reliable car. James could not afford to spend much for a car. After looking over his budget for the year, he decided 500 dollars was all he could pay for a car.
James found a used car, and the sales person mentioned that he had just bought the car from a boy who needed the money to start college, and that he could sell the car to James at a lower price.
James should have been more cautious, but what appeared to be such a good deal was hard to pass up.
James started the car easily and drove it a few blocks. Everything seemed to be functioning except that the transmission seemed to slip slightly. He knew that the car should be checked by his friend, Roger, who was an expert mechanic. However, it was Saturday afternoon, and Roger had gone to another city.
The salesperson had the contract ready for James to sign when he returned from the drive. James paid the 100 dollars down and signed the contract which required 12 additional payments of 55 dollars each.
James' trouble started on the way home the following Monday. His car lost all power, and he was forced to pull off to the side of the road.
He called Roger, who looked at the car and saw that the transmission was ruined. James didn't have 225 dollars to replace the transmission, so he called his father for advice.
When Mr. Walker, his father's lawyer, read the contract, he knew that James had failed to read it in detail. The salesperson had typed in, "This vehicle sold as is". James had signed the contract which released the seller of any responsibility. James had lost his rights as a buyer by signing a contract containing such a clause.
He was stuck with a 225 dollars repair job and a 600 dollars debt on the car.
Exercise 4. When you have finished talking, write down in dialogue form the conversation you have had. Use some of the expressions you have learned.
Exercise 5. Complete, learn and act out the dialogue.
Brown: Mr.Belov, have you any questions as regards the contract?
Belov: Нет, я считаю, что мы с вами разрешили все спорные
вопросы.
Brown: Good. If some problems arise in the process of work we
shall deal with them there and then. Some principal
points can be included into a supplement to the contract
upon mutual agreement.
Belov: Полностью с вами согласен.
Brown: Fine. In that case we'll tell our experts and lawyers to
prepare the contract for signing. I don't think this work
will take much time and we can sign the contract at 10
o'clock in the morning.
Belov: Думаю, что это удобное время для подписания контракта.
Г-н Браун, мы с вами хорошо поработали, и сейчас я бы
хотел пригласить вас совершить небольшую поездку по
городу.
Brown: I'm very happy to accept your invitation, Mr.Belov. Let
me once more thank you for your assistance in settling
all the problems that were in the way of signing the
contract.
Exercise 6. Fill in missing remarks and act out the dialogues.
Dialogue 1.
Bond: Mr. Green, you promised to reconsider the total contract
price.
Green:.........
Bond: Oh, it seems too high to us.
Green:
Bond: Half the sum.
Green:
Bond: Here is a contract signed with a Hungarian firm five years
ago.
Green:.........
Bond: You are right, Mr. Green, but this contract can be a basis
for our discussions.
Green:.........
Bond: All right. Let's resume our talks in 4 days.
Dialogue 2.
Curry: Hallo, is that Mr. White?
White:?
Curry: This is Tom Curry. White:.........?
Curry: I've got some legal problems with the purchase of a real
estate. Can I have an appointment with you?
White:?
Curry: Any time you like. White:?
Curry: Very good. This time is quite all right.
Exercise 7. Act out dialogues on the basis of the following situations.
1. You've Just visited the British pavilion at the international exhibition in London and became interested in the lasted model of computers. You are going to sign a contract with a British company. The company's price doesn't suit you. Meet Mr. Brown of this company end discuss the price problem with him. Speak about the hotel you are staying at.
2. You are going to start your own business. Ask a lawyer how to do it. Your decision is to open a restaurant. Some problems might arise from entering into contracts with different people, but you don't want to make written contracts for labor, equipment and food product You are not sure if you are right here. Pay a lawyer to help you avoid later financial problems.
Exercise 8. What is the meaning behind the sayings, "Necessity knows no law"; "One law for the rich, and another for the poor".
Give your arguments "for" and "against".
Exercise 9. Imagine that you are a lawyer and you have been asked if a certain contract is legal and can be enforced. What points will you study in the contract to help you decide if it is valid.
Exercise 10. It is necessary to revise laws occasionally because they are no longer appropriate. Can you think of a law that has been changed since the first Constitution was written? Do you know of any law that has been changed in your town? Why were these changes made?
Exercise 11. Consider and discuss the situation with your friend. Look through Text В if necessary to prove your opinion.
Johnny, а 14-year-old freshman, purchased an expensive leather jacket from the local sports clothing store. Since Johnny's parents had already bought him several jackets, this jacket was not actually needed and it could not be considered a necessity. The store was forced to accept the return of the jacket and refund the full amount of the purchase.
Exercise 12. Interview your classmates to learn of their experiences in entering into contracts.
Ideas: renting an apartment, paying tuition, buying a car, lending or borrowing money, applying for a job.
Ask as many persons as you can. Make a list of "do's" and "don'ts". Compare and discuss your lists in pairs. In groups of 3-4 persons fill in the following table:
Do’s | Don’ts |
1. Consult a lawyer.
2.......... 3.......... 4.......... 5.......... | 1. Never sign a contract with blanks. 2.......... 3.......... 4.......... 5.......... |
Discuss the most important considerations.
Exercise 13. To go into business, you will have to borrow money from a bank. Before a bank will lend you money, you must convince them that you will make enough profit to repay the loan. With this in mind, write a statement telling why you feel your restaurant will succeed where you wish to open it.
А ability, n – способность able, a - способный academic, a - учебный academy, n - академия accelerate, v - ускорять accept,v-принимать,признавать access, n – доступ accomodate, v - снабжать,предоставлять жильё accomodation, n - жильё, удобства (pi) accuracy, n - точность achieve, v - достигать achievement, n - достижение acquaint, n - знакомиться acquire, v – приобретать act, v – действовать active, a - активный activity, n - деятельность adult, n - взрослый advanced, a - продвинутый, повышенного типа advantage, n - преимущество take advantage - использовать преимущество advertise, v - рекламировать advice, n - совет advice, v - советовать affect, v - влиять age, n - возраст agree, v - соглашаться agreement,n - соглашение aids, n - средства | visual aids - наглядные пособия aim, n - цель allocate, v - распределять, назначать alone, a - одинокий amenities, n - удовольствия amount, v - составлять amount, n - количество, сумма application, n - применение apply, v - применять approach, v - приближаться appropriate, a -соответствующий approve, v - одобрять area, n - область arrange, v - договориться, зд. Приспосабливаться art, n - искусство artificial, a - искусственный assess, v - оценивать assessment, n - оценка assignment, n - назначение assist, v - помогать assistance, n – помощь assume, v - предполагать, принимать athletics, n - атлетика attend, v - посещать attendance, n - посещение attention, n - внимание attitude, n - отношение attract, v - привлекать available, a - доступный, имеющийся в наличии average, а - средний award, v - присваивать, награждать awareness, n - осознание |
Приложение III
Word List
B
bachelor, n - холостяк, бакалавр
background, n - основа balance, n - остаток
base,v - основываться
basis, n – основа
benefit, n - выгода, польза, льгота
besides, adv - кроме того boarding, n - школа-интернат branch, n - отрасль
bride, n - невеста bridegroom, n – жених
bring up, v - воспитывать build, v – строить
build up - создавать
С
campus, n - территория
canceal, v - отменять
carry out, v - выполнять
cause,n - причина
cause, v -вызывать, быть причиной
cave, n - пещера
cell, n - клетка
change, n - изменение
change, v - менять, изменять
choice, n - выбор
choose, v - выбирать
classes, n - занятия
climb, v - взбираться
coal, n - уголь
collect, v - собирать
combine, v - сочетать,
объединять
commit, v – совершить
(преступление)
communicate, v - сообщать compare, v - сравнивать complete, v - завершать complex, a - сложный compound, n - соединение comprehensive, а -общеобразовательная (школа) comprise, v -включать, содержать
compulsory, а - обязательный computer, n - компьютер computing, n - вычисление computing, а - вычислительный condition, n - условие conduct, v - проводить conductivity, n - проводимость superconductivity, n - сверхпроводимость
connect, v -соединять, связывать
connection, n - соединение conquer, v - покорять
consist of, v - состоять из construct, v - строить contain, v - содержать control, n - управление, контроль control, v - управлять, контролировать convenient, a - удобный convey, v -передавать, сообщать cost, n - цена, стоимость cost, v - стоить couple, n - пара
course, n - курс
course project -курсовой проект
court, n - суд
cover, v - охватывать
create, v - создавать, творить
creative, a - творческий creativity, n - творчество- crime, n - преступление
crude, a - грубый curriculum, n - программа
D
damage, n - ущерб
deal with, v - иметь дело c,
рассматривать, преодолевать dean, n - декан
decide, v - решать
decision, n - решение
to make decision - принимать
решение
define,v - определять
degree, n - степень
demand, n - -требование demand, v- требовать department, n - факультет depend on, v - зависеть от dependent, a - зависимый derive, v - происходить design, n -конструкция,проект design, v - конструировать, проектировать
desire, n - желание
desire, v - желать
determine, v - определять develop, v - развивать development, n - развитие device, n -устройство, прибор difficult, a - трудный difficulty,n -трудность dignity, n - достоинство discover, v - открывать discovery, n - открытие discuss, v - обсуждать distinguish, v - различать disturb, r - беспокоить, мешать
dormitory, n - общежитие (амер.)
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