Contract law

TEXT 1

Read the text to understand what information is of primary importance or new for you.

Read the following words. Pay attention to pronunciation of the underlined vowels.

Arrange the words from the list in two groups according to the pronunciation of the stressed vowel.

I. WARMING-UP

V. OVER TO YOU

IV. WRITING

Speak on the future development of harmonisation of European laws in Ukraine.

III. PRACTICE AND EXPERIENCE

1. Prepare a report “Ukraine and harmonisation of European law”.

Write an essay using on of the topics:

1) Business-government partnerships, cooperation by government and certain types of businesses to further technological development or economic quality.

2) Intellectual property laws and corporations in Cyberspace.

3) Globalization in the coming decades.

Read the definitions and put the letters in order to make 10 words connected with the law.

1. belonging to or shared by members of one or more nations or communities; public — MMOOCN;

2. of the ordinary life of citizens as distinguished from military, legal, or ecclesiastical affairs — LIICV

3. established by or founded upon law; lawful — EAGLL

4. legal action — SGPREEOCDIN

5. not widely or publicly known, confidential, secret — EIATPRV

6. of, relating to, or concerning the people as a whole — PBLUIC

7. a formal agreement between two or more parties — CCTTAONR

8. relating to crime or its punishment — IILNAMRC

9. a failure to act, to meet a financial obligation or to appear in a court of law at a time specified — FRDAU

10 a moral or legal requirement, duty — IIOONTABLG

Unit 2 Contract Civil Law and Intellectual Property Section 1 Contract Law

1. Answer the following questions:

What is a contract?

Have you ever concluded a contract? What was it?

What can the consequences of breaking a contract be?

2. Match the following English words and expressions with their Ukrainian equivalents:

1. obligation a) грошовий

2. covenant b) невиконання зобов’язань

3. pecuniary c) нерухоме майно

4. default d) предмет обговорення

5. fraud e) юридична сила

6. subject matter f) шахрайство

7. real estate g) домовленість, договір

8.validity h) гарантія, зобов’язання

fraud, default, above, order, court, to come.

R ea l, s ea led, to cr ea te, enforc ea ble.

Notes:

thereby – таким чином

Contracts are an integral part of everyday life. Working for an employer; insuring your car or your house and even buying a pint of milk are all governed by the law of contract. Although each of the three situations given above have their own specialist areas of law (employment law, insurance law and consumer law respectively) they are all governed by a set of underlying fundamental principles often referred to as the "general law of contract".

Contract, in US law, is an agreement that creates an obligation binding upon the parties. The essentials of a contract are as follows: (1) mutual assent; (2) a legal consideration, which in most instances need not be pecuniary; (3) parties who have legal capacity to make a contract; (4) absence of fraud or duress; and (5) a subject matter that is not illegal or against public policy.

In general, contracts may be either oral or written. Certain classes of contracts, however, in order to be enforceable, must be written and signed. These include contracts involving the sale and transfer of real estate; contracts to guarantee or to answer for the debt, or default of another person; and, in most states of the U.S., contracts for the sale of goods above a certain value.

Contracts are often classified as either contracts by specialty or simple contracts. Another class of obligations, sometimes referred to as contracts of record, are conclusive legal obligations created by the judgment or order of a court of record.

Contracts by specialty depend for their validity on the formality of their execution. They are required to be written, sealed, and delivered. The usual form of specialty contract is a covenant. A bond has always been regarded and classified as a specialty contract. Contracts by specialty do not require consideration or surrender of a right, given in exchange for the promise, to give them validity. Courts of equity, however, will not enforce a specialty contract unless it is founded on a consideration.

Simple contracts do not depend for their validity on any particular formality in their execution, but rather on the existence of a consideration.

Simple contracts are frequently classified as express and implied. An express contract is one entered into on terms expressed in spoken or written words. An implied contract is one that is inferred from the acts or conduct of the parties.

Дата добавления: 2014-11-20