Correct the words in bold

B.

A.

Choose the best variant in bold to complete definitions.

Box, and the second part taken from the second box.

voidable … enter into … special… defective …

delegate … draw up … substantial … set the contract …

specific … partial... legal … essential … innocent …

… (a) contract (x3) … performance (x4) …terms … duties

… grounds … aside … damages … party

1. Our advisor informed us that we have no ______________________ to

terminate the contract.

2. Under the contract a party cannot _______________________ to the third party

without prior written consent of the other party.

3. _________________ is a contract with some defect in its formation. If so, either

party can use the defect to __________________________.

4. If all the terms of the contract are entirely carried out, we can talk about

_________________________.

5. If their company accepts ________________, they can claim for remuneration.

6. It is a solicitor who ______________________ and other official documents.

7. In case of _________________ we can terminate the contract and sue for

_____________________.

8. Mentally disabled people cannot ____________________.

9. We are going to try to get a court to award __________________ to make them

perform what we have agreed upon.

10. Breach of _________________ can result in rescinding the contract. If so,

_______________ can sue for damages.

1. Breach of warranty does not give legal capacity / legal grounds to terminate

the contract.

2. A contract is void / voidable even if one of the parties has no legal capacity to

consent to a contract.

3. Specific performance / Substantial performance presupposes an entire

performance of all terms.

4. A non-breaching party can be awarded / can be sued for damages.

5. Unqualified agreement / Qualified acceptance means that an offeree accepts

subject matter but without any variations.

6. Express terms / Implied terms are set out by custom, statute or by common

law.

7. A breach of a condition / a warranty does not allow an innocent party to

repudiate a contract.

8. A contract by deed / A simple contract does not require consideration.

9. Under assignment clause contractual rights are referred to the third party which

is known as an assignee / an assignor with prior written consent.

10. The party can use the defect in the contract to set it aside / carry it out.

1. Reliance damages / Liquidated Damages are a fixed amount of damages in

case of a breach stated in the contract.

2. Survival clause / Severability sets out that even if some provisions of a

contract are invalid or unenforceable, the rest of the agreement can continue to

have effect.

3. Incidental beneficiary / Intended beneficiary gets a benefit although not

specifically named in the contract.

4. The rights cannot be assigned / delegated without a prior written consent of all

parties to the contract.

5. The injured party must mitigate damages / recover damages -make all

reasonable efforts to lessen the losses.

6. Under the contract a wide range of duties is conferred / is imposed.

7. Pecuniary compensation / Non-monetary relief includes injunction and

mandatory orders.

8. Under assignment / novation one of the initial parties to the contract

disappears.

9. While awarding special damages / general damages the court applies the rule

of foreseeability.

10. Penalty provision / The provision on stipulated damages is set out in the

contract to compensate for losses resulting from a breach.

1. A breached party can seek remedy in court.

2. Defecting performance may involve breaching Terms of Payment.

3. Integrated clause means that there are no conditions, warranties and terms

between the parties other than those set out in the contract.

4. The function of examplary damages is twofold: punishing and preventive.

5. Expecting damages are also called ‘benefit of the bargain’ damages.

6. A contract by deed is binding on contracted parties.

7. Capability to contract means the legal competence of a person to enter into

contractual relations.

8. Non-monetary relieve is awarded by a court ordering a party to do something or

refrain from doing something.

9. The doctrine of foreseeing is used to limit the award of special damages to those

which are the predictable consequences of a breach of contract.

10. An expressive contract is a contract which terms are explicitly set out.

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