Practice 9 - the equity

PRACTICE 8 - The Contract law

1. Translate the following words and word combinations or find Russian equivalents:

assumpsit; revocable; irrevocable; legal capacity; offeror; offeree; deceit; false; vow; discharge of duties; unconscionable; assignment of rights; parol evidence; breach of

contract.

2. Translate the following sentences into Russian:

1. Contract Law comes to ask these questions.

2.Was there a contract? This means an offer (promise) by one with an acceptance (promise) by another.

3.Was there an adequate consideration to support each promise?

4.Did each party have the legal capacity to contract (an issue of age, mental infirmity, or marital status)?

5.Was the contract valid? This includes matters such as duress, fraud, misrepresentation, etc.

6.What were the conditions of the contract, and were they "certain"? That is, can we readily determine what it was that the parties agreed so that a proper remedy may be ordered?

3. Find English equivalents for the following Russian expressions:

судопроизводство; торговое право; право оборотных документов; восстановить первоначальное положение; ипотечный залог, закладная; недвижимое имущество; движимое имущество; ссылка на промедление, просрочка; договорное право; смешанная собственность; право выкупа заложенного имущества; признаваемый правом интерес; право собствен­ности; материальная собственность; нематериальная собственность.

1.Translate the following words and word combinations or find Russian I equivalents:

equitable receivership; rescission; sequestration; rules of proof; abuse; in- I junction; declaratory judgment; specific performance; courts of chancery 1 (courts of equity); contempt of court.

2. Translate the following sentences into Russian:

1. Both law and equity offer the remedy of contempt of court. Contempt  of court is a remedy of the court rather than of a party. It is the matter of the court upholding the honor of the law, legal process, and position of the judge.

2. Sequestration is when an officer of the court is ordered to take possession of some property of the defendant and then either deliver it to the plaintiff or sell it and give the proceeds to the plaintiff.

3. Equitable receivership is where the court takes property at issue between the parties from both parties and places it in the hands of a third party to manage until the case is determined.

4. For a number of years, the two fields of law - law and equity - developed side by side, even fighting one another for power. Today the two systems have merged into one with the judges having the ability to move from one field to the other during the process of a case. Where both issues are involved, we will have a bifurcated trial - the jury hears the part dealing with law, while the judge decides the matters of equity.

5. Common Lawrem edies are: compensatory damages and restitution. Compensatory damages are designed to make good the loss; they substitute for  tangible thing.

6. Damages might be general, special, punitive, or nominal. General damages are considered to flow directly from the proven wrong. It is necessary to [prove that the damages flow from the wrong. In contract cases, general damages seek to restore the

plaintiff to where he would have been if the contract had not been breached, for the loss of the benefit of the bargain.

7.Special damages must be reasonably related to the injury, reasonably certain in amount (not speculative) and reasonably foreseeable.

8.Punitive damages are like a fine, with money going to the plaintiff and not the state, to punish the defendant, to deter him from doing such acts again, land to deter other potential defendants.

9. Nominal damages are considered to be due where no specific harm is involved. They are normally granted after proof of the right has been made and (after the court has determined that no compensatory damages have been established.

10. Restitution, in comparison to compensatory damages, does not aim to restore the loss sustained by the plaintiff but at transferring from the defendant to the plaintiff any unjust enrichment secured by defendant by his improper acts which it would not be right for him to retain.

11. Defendants at equity can raise two additional defenses: laches and "unclean hands". Laches is a question of how much time has elapsed since plaintiff knew of the problem and during which he did nothing and what harm the delay may have caused the defendant. "Unclean hands" is the recognition that the plaintiff is asking the court to "do justice" and cannot ask for that if he has, in the matter at issue, been guilty of "injustice".

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