LANGUAGE FOCUS

1. Contract n: 1. an agreement between two or more parties, especially one that is written and enforceable by law; 2. the branch of law dealing with formal agreements between parties; 3. marriage as a formal agreement; 4. informal a paid assignment to murder someone (a contract killing; put out a contract on the mobster's life).

Contract v: 1. enter into by contract; establish or settle by formal agreement (contract a marriage); 2. acquire or incur (contract obligations); 3. reduce in size by drawing together; shrink.

Contract out v: to engage a person outside an organization by contract to undertake or produce.

Contractible adj: able to be shrunk or capable of contracting.

Contractable adj: (of a disease) able to be caught.

Contractor n: a person or firm that undertakes a contract to provide materials or labour to perform a service or do a job.

Contractability n: the property of a body or substance that enables it to become smaller, narrower, shorter, etc.

2. Enforce v: 1. compel observance of or compliance with (a law, rule, or obligation); 2. cause (something) to happen by necessity or force there is no outside agency to enforce cooperation between the players; 3. support (a demand, claim, etc.) by force (to enforce one's rights as a citizen).

Synonyms: administer, impose, execute, apply.

Enforced adj: forced or compelled or put in force (a life of enforced inactivity; enforced obedience).

Enforceability n: a concept of civil procedure.

Enforceable adj: can be enforced.

Enforcement n: processing of set schedules via dispatching to execution.

3. Bargain n: 1. an agreement between parties fixing obligations that each promises to carry out; 2. an agreement establishing the terms of a sale or exchange of goods or services; 3. property acquired or services rendered as a result of such an agreement; 4. something offered or acquired at a price advantageous to the buyer.

Bargain v: 1. to negotiate the terms of an agreement, as to sell or exchange; 2. to engage in collective bargaining; 3. to arrive at an agreement.

Bargain for/on v: to count on; expect.

Into/in the bargain: over and above what is expected; in addition.

Bargaining n: a type of negotiation in which the buyer and seller of a good or service dispute the price which will be paid and the exact nature of the transaction that will take place, and eventually come to an agreement.

4. Valid adj: 1. having legal efficacy or force, especially: executed with the proper legal authority and formalities (valid contract); 2. well-grounded or justifiable: being at once relevant and meaningful (valid theory); 3. logically correct (valid argument, valid inference).

Validity n: 1. the state or quality of being valid: to question the validity of the argument; 2. legal soundness or force.

5. Unilateral adj: 1. done or undertaken by one person or party; 2. of, relating to, or affecting one side of a subject, one-sided; 3. constituting or relating to a contract or engagement by which an express obligation to do or forbear is imposed on only one party.

Unilaterally adv: in a unilateral manner; by means of one part or party (they worked out an agreement unilaterally).

6. Offer v: 1. to present as an act of worship or devotion, sacrifice; to present for acceptance or rejection; 3. to present in order to satisfy a requirement (candidates for degrees may offer French as one of their foreign languages); 4. to propose, suggest (offer a solution to a problem); 5. to declare one's readiness or willingness (offer to help); 6. to propose as payment, bid.

Offer n: 1. an expression of readiness to do or give something if desired sympathetic offers of help; 2. an amount of money that someone is willing to pay for something the prospective purchaser who made the highest offer; 3. a specially reduced price the offer runs right up until Christmas Eve; 4. a proposal of marriage.

Offeror n: a person or entity who makes a specific proposal to another (the offeree ) to enter into a contract.

Offeree n: a person or entity to whom an offer to enter into a contract is made by another (the offeror).

7. Accept v: 1. to answer affirmatively (accept an invitation); 2. to agree to take (a duty or responsibility); 3. to receive (something offered), especially with gladness or approval ( accept a contract); 4. to admit to a group, organization, or place: accepted me as a new member of the club; 5. to receive officially (accept the committee's report); 6. to consent to pay, as by a signed agreement.

Acceptance n: 1. the action of consenting to receive or undertake something offered charges involving the acceptance of bribes; 2. a draft or bill of exchange that is accepted by being signed a banker's acceptance; 3. the process or fact of being received as adequate, valid, or suitable.

Acceptee n: a person who is accepted, as for military service.

8. Interpret v: 1. to explain the meaning of (information or actions) the evidence is difficult to interpret; 2. translate orally the words of a person speaking a different language.

Interpretation n: the action of explaining the meaning of something the interpretation of data; 2. an explanation or way of explaining.

Interpreter n: a person who converts a thought or expression in a source language into an expression with a comparable meaning in a target language either simultaneously in "real time" or consecutively after one party has finished speaking.

Interpretative (also interpretive) adj: relating to or providing an interpretation.

I. Fill in the gaps using the above words and expressions.

1. Traffic laws will be strictly ________.

2. The role of the police is to ___________ the law.

3. Our country is prepared to take _________ action.

4. Judgments are ____________ in that they can be enforced with the aid, if necessary, of the forces of law and order.

5. Contrary to popular belief, few ___________ can be canceled after they have been signed.

6. The courts __________ a law when the meaning, application, or constitutionality of a law is part of a case before the court.

7. In North America and Europe _____________ is restricted to expensive or one-of-a-kind items (automobiles, jewelry, art, real estate, trade sales of businesses) and informal sales settings such as flea markets and garage sales.

8. The first requirement for a __________ contract is that the parties have a meeting of the minds.

9. __________ of an offer is the expression of assent to its terms.

10. Agreement consists of an offer by an indication of one person (the "_________") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations.

11. The agreement is no longer ________ under international law.

12. These are expressed in everything in the universe - day and night, elasticity and ____________, hot and cold, life and death.

13. This Human Rights Act is ___________ in the ordinary courts.

14. You must present __________ identification.

15. The doctors want stricter ___________ of existing laws, such as those banning sales of cigarettes to children.

16. Acceptance must generally be made in the manner specified by the _________.

II. Study the use of the phrases with “CONTRACT” and translate the sentences given below into Ukrainian.

- open-end contract

- spot contract

- fixed-term contract

- export contract

- contract to produce goods

- contract to perform a service

- contract made under duress

- contract containing many stipulations

- naked contract

- contract offer

- contract note

- contract law

- contract hauling

- contract by deed

- contract by post

- contract in suit

- contract in writing

- contract a debt

- contract a duty

- contract a marriage

- contract of agency

- contract of tenancy

- binding contract

- beneficiary contract

- draft contract

- implied contract

- indemnity contract

- marriage contract

- reciprocal contract

1. However, if something has been written down as a provision of a tenancy contract but it is inconsistent with what the law says, it has no effect.

2. An indemnity clause is a contractual transfer of risk between two contractual parties generally to prevent loss or compensate for a loss which may occur as a result of a specified event.

3. A foreign exchange spot contract makes it easier for you to buy or sell foreign currency.

4. The open-ended employment contract is the normal form of employment contract between an employer and an employee, and has no fixed term.

5. In principle, the loan amount should not exceed the value of an export contract or technical service contract and excludes down payment.

6. It is a binding contract if you agree to make an exchange of valuable items, including goods, services, or money.

7. In general, contracts created under duress, undue influence, fraud, and misrepresentation are voidable by the injured party.

8. Fixed term contracts are given by employers on the basis that the contract will terminate at a future date when a specific ‘term’ expires – e.g. the completion of a particular project or task, the occurrence or non-occurrence of a specific event (covering for an employee who is on sick or maternity leave ,for example).

9. While a contract need not be in writing in many circumstances, a written contract is desirable because it clarifies and memorializes each party's obligations.

10. If the International Warehouse Union rejects the contract offer, employers could lock out union workers at six grain terminals in Portland, Vancouver.

11. The Public Contract Law Journal is a focal point in the legal community for the examination of timely legal issues confronting the public contract community.

III. What do the following abbreviations and acronyms stand for?

CISG, WTO, UNIDROIT, UCC, UNCITRAL, Incoterms.

IV. Match the Latin expressions with their English equivalents.

V. Match terms on the left with their definitions on the right.

VI. Match the columns. Give Ukrainian equivalents for the following idioms.

[1] Based on LexisNexis Capsule Summary. Contracts [Електронний ресурс] // Режим доступу : http://www.lexisnexis.com/lawschool/study/outlines/html/contracts/index.asp

Date: 2015-01-29; view: 1570