BANKING UNIVERSITY HO CHI MINH CITY FACULTY OF FOREIGN LANGUAGES
EXERCISES ON ENGLISH FOR BUSINESS LAW
Trang 2This book is designed and compiled as a reference for the subject “English for Business
Law” at the Faculty of Foreign Languages, Banking University HCMC (BUH) It is intended to
be used as a self-contained introduction to specific fundamentals of some topics in Business Law, to help readers obtain a general overview of key terminology in this specialised field Upon the course completion, learners are expected to be able to (1) classify key legal terms, (2) use legal terminology appropriately in the legal business contexts, (3) demonstrate their abilities to read and understand legal texts, and (4) apply the language skills developed throughout the course to do the assessment activities effectively Thus, the book could be exploited as a
complement to the textbook “Introduction to International Legal English” by Furth and
Krois-Linder (2014)
The book consists of five chapters devoted to special topics of Business Law, including A career in Law, Contract Law, Company Law, Commercial Law, Litigation and Arbitration processes within the law systems of the US and the UK Each unit introduces theme-based language knowledge practice for specific legal terminology (e.g., key term definitions, vocabulary practice, sentence building, and translation practice), followed by practice for language use in wider contexts (i.e., passage completion and reading comprehension) These collected tasks are selectively chosen from a wide range of materials to provide a structured set of practice which helps course-takers to consolidate the language work covered in the textbook and successfully apply their knowledge into the assessment activities Hopefully, through their steady practice, learners at upper-intermediate level will be able to do their assignments effectively, thereby enhancing their linguistic skills significantly
Trang 3TABLE OF CONTENTS
2.2 VOCABULARY PRACTICE ON CONTRACT LAW 27
3.2 VOCABULARY PRACTICE ON COMPANY LAW 53
4.2 VOCABULARY PRACTICE ON COMMERCIAL LAW 75
Trang 45.4 PASSAGE COMPLETION 103
Trang 5CHAPTER 1: A CAREER IN LAW SECTION 1 THEME-BASED LANGUAGE KNOWLEDGE
1.1 KEY TERM DEFINITIONS
A - TYPES OF LAW
Task 1: Match the legal terms (A-J) with their corresponding definitions (1-10)
A Criminal law
B Civil law C International law
D Administrative law
E Company law F Common
law
G Commercial law
H Law of equity and trusts
I Constitutional law
3 An area of law that governs the formation, rights, relations, and conduct of businesses
4 An area of law governing the relations between persons engaged in different business settings and trading activities
5 An area of law which relates to punishing people who have committed an impermissible act such as killing
6 An area of law that describes the fundamental principles according to which a state or a country is governed, and defining the relationship and limitations on the functions of different government departments
7 An area of law that regulates the relationships in which one person places trust in another person to look after their belongings in an equitable manner
8 The legal system that has been created and developed by old customs and prior court decisions
9 The legal system with written laws that has been created and developed by the lawmakers of the government
10 An area of law which governs the ways in which different states and territories deal with
Trang 6B - LEGAL ELEMENTS IN A CASE
Task 2: Match the legal terms (1-10) in column A with the corresponding definitions (A-I) in column B
1 Judge 2 Jury 3 Barrister 4 Solicitor 5 Prosecutor 6 Claimant 7 Defendant
H A lawyer who is qualified to give legal advice and prepare legal documents but cannot defend in a court
I A group of people selected to come to a verdict based on evidence presented in court
J A formal decision on a disputed issue in a civil or criminal case
1.2 VOCABULARY PRACTICE
Task 3: Read the words and decide what type of law is relevant
Civil law, International law, Company law, Criminal law, Constitutional law, Administrative law
1.………
…………2.……… murder, rape, assault, smuggling
U.S., Vietnam in Dispute Over Catfish Exports
Trang 73………
4………
Task 4: Read the following situations and decide which type of law is relevant in each case
1 Anna agreed to pay Paul £4000 to landscape the garden Paul finished the work, but Anna was not satisfied with it and refused to pay the money This is a case of law
A administrative B constitutional C corporate D contract
2 Ken and Jim want to start a business together and they need a solicitor to draft an agreement about how they will share the responsibilities of the business This is a case of law
A administrative B criminal C contract D international 3 In 2007, the high-end signature handbag and luggage maker, Louis Vuitton Malletier, lost a copyright infringement case against comedy fashion company Haute Diggity Dog This is a case of law
A corporate B intellectual property C international D criminal
4 Phillip has received an offer to buy his house, but there is a problem with the exact position of the boundary The buyer's solicitor must check this before the contract is signed This is a case of law
A real property B intellectual property C corporate D criminal
5 Elisabeth’s company transports goods from America to England by ship However, there was a bad storm at sea last week and the ship carrying the goods sank off the coast of France This is a case of law
A maritime B will C corporate D international 6 Emily has been in hospital and has been very ill after an operation She thinks that the doctor
contract disputes, divorce, copyright infringement speeding, fighting
Trang 88 Apple's App Store rules force rival developers to use its in-app payment system - which charges up to 30% commission - and prevent them from informing users of cheaper payment methods This is a case of law
A competition B equity and trusts C IT D labour
9 Andy was accused of hiding $365mil worth of income to pay for the authorities for more than 10 years He used offshore bank accounts and shell companies to do this This is a case of law
A competition B tax C labor D contract
10 John lent Ben his new sport car so that Ben could drive to a business appointment When the car was returned, it was in terrible condition This is a case of law
A administrative B equity and trusts C labour D competition
Task 5: Label the picture and answer the questions about legal elements in a case
judge / jury / defendant / witness / barrister / bailiff
6 What do we call the judge in court?
A Sir B Your Honor C Mr Judge
7 What does “Order in the court!” mean?
A I want some food B Be quiet C Please stand in line
8 What does “The defense rests” mean?
A The defense can go home B The defense needs some sleep
C The defense has finished asking questions
9 What does a barrister say when a lawyer is unhappy with what they hear?
A They say: “Objection!” B They say: “Disagreement” C They say: “Protest!”
10 What does a judge say when the judge disagrees with the lawyer’ objection?
A He says: “Overruled.” B He says: “No way.” C He says: “Rejected!”
11 What does a judge say when the judge agrees with the lawyer?
A He says: “Right on!” B He says: “Sustained.” C He says: “Accepted!”
Trang 9Task 6: Decide who says the following statements, and write Judge (J), Lawyer (L), or Jury (Jr) after each statement
2 “Do you swear to tell the truth, the whole truth and nothing but the truth?” _ 3 “Call your next witness.” _ 4 “You may cross-examine.” _
6 “Have you reached a verdict?” _
8 “Do you recognize exhibit A?” _ 9 “May I call the first witness?” _
Task 7: Choose the correct verbs to fill in the blanks for questions 1-10
A represent B argue D demonstrate E apply F commit G act H offer I negotiate J shift K advise
1 A barrister is a member of the legal profession who can defend or _ a case in one of the higher courts of law
2 Peter has passed the examinations of the Law Society and has a valid certificate to give advice to members of public and _ for them in civil cases
3 Over the past century, the emphasis in modern law has managed to _ from legislatively enacted to judge-made law
4 Andrea is most interested in business law and has helped to _ defendants of their rights at her university law clinic
5 In Britain, a person who does not know much about the legal system may have a solicitor to
Trang 109 His main legal duties include advising clients on corporate and commercial matters, and he may also transactions or solve legal problems
10 Our Graduate Recruitment Programme includes an excellent set of benefits for law students prepared to fully _ themselves
Task 8: Choose the correct option for each sentence
1 Many lawmakers all over the world all agree that law should be built upon _ to make sure everything is in order
A justice B regulation C morality D tradition 2 Pursuant to the current British law, the state prosecutes those who commit a crime but not those in a civil _
A dispute B case C manner D argument 3 law is the main source of law of modern countries, referring to all kinds of laws and legal documents are established legally by national organizations
A Fundamental B Documentary C Common D Statutory 4 Basically, there are three branches of the government agencies, including the legislative, executive, and bodies
A legitimate B judicial C tribunal D official 5 After university, my work as a trainee lawyer gave me useful experience in commercial , and I was offered a good position in a large law firm
A prosecutions B litigations C trials D courts 6 During my studies, I volunteered at a local law to help poor people who could not afford to pay for a lawyer
A faculty B court C firm D clinic 7 These law clinics offer free legal to the local community and provide a useful introduction to some of the day-to-day work of a lawyer
A convicts B assistance C arbitration D principles 8 Since English is the language of the international legal community, law firms increasingly expect graduates to have a good of English
A option B practitioner C command D degree 9 In a non-jury trial, the judge decides guilt or _ over the trial and has the duty of protecting the rights of those involved
A accusation B freedom C innocence D prison 10 In a jury-trial, the judge determines the facts of the case and renders a _ pronouncing if the defendant is guilty or innocent
A commitment B trial C judgement D attorney
Trang 1111 Those law students wishing to work in a large law _ can consider taking subjects such as company law, commercial law, and law of litigation and arbitration
A tribunal B constitution C practice D organization 12 Once qualified, a legal graduate can work in private practice, in-house for a commercial or industrial organisation, in local or central government, or in the court _
A convict B service C arbitration D fundamental 13 Instruction in legal English is becoming in a growing number of law faculties all over the world and law students have to study this subject in their first year at the college
A compulsory B stimulating C intellectual D challenging 14 Traditionally, mainly work in a law firm or as part of a company’s legal team and do not work in a courtroom
A solicitors B barristers C judges D witnesses 15 The defense attorney suspected that the jury was bribed to arrive at a guilty
A equity B verdict C principle D claimant 16 In the end, the judge pronounced for the defendant, and also said that the should pay the court costs
A plaintiff B attorney C prosecutor D magistrate 17 In the tort law course, some topics include liability for intentional and caused injuries to person and property, ultra-hazardous activities, invasion of privacy, and defamation
A negligently B electively C administratively D fundamentally 18 Those law students wishing to work alone as a sole _ in a small town may decide to take subjects such as family law, employment law, and housing law
A prosecutor B practitioner C diversification D plaintiff 19 That attorney was fired for his _ conduct in public, including using foul language and being rude to the handicapped
A elective B impractical C negligent D improper 20 In some countries, murderers are executed but other countries have abolished the death _
A penalty B statute C litigation D tribunal
Trang 121.3 SYNTACTIC PRACTICE
Task 9: Fill in the blanks with appropriate prepositions
1 The two men were charged _ robbery and assault 2 Frank was driving 20 miles per hour the speed limit 3 Mary was fined _ speeding
4 The jury found him guilty _ the crime
5 The judge sentenced him _ five years in prison 6 The witness swears _ a bible to tell the truth in court 7 The defendant was released _ $5000 bail
8 You are a witness _ the crime, so you will have to go to court to testify
Task 10: Correct these sentences by adding articles as appropriate
1 Parties signed contract today after having discussed price
2 Lawyer about whom I spoke arrived at meeting too late to advise about amount of damages company could get
3 If there is telephone call for me about case, put it through
4 Client said that Roggins was inefficiently run and unprofitable company 5 Mobile phone has revolutionised way in which legal firm does business
Task 11: Translate the following statements into Vietnamese
1 "Law is intelligence without passion" Aristotle
……… 2 "Law is a statement of the circumstances in which the public force will be brought to bear
upon men through the courts" Holmes J
………
3 "The law is the last result of human wisdom acting upon human experience for the benefit of
………
4 "Law is common sense as modified by the legislature" Holmes J
………
5 "The end of law is not to abolish or to restrain but to preserve and enlarge freedom: for in all the
states of created beings capable of laws, where there is no law, there is no freedom" John L
………
……… 6 "The laws sometimes sleep, never die He threatens the innocent who spares the guilty" Cok
………
Trang 13Task 12: Translate the following sentences into English
1 Pháp luật có thể được định nghĩa là một hệ thống các quy tắc điều chỉnh xã hội nhằm đảm
bảo mọi thứ diễn ra có trật tự
……… 2 Ở Anh và một số nước phương Tây, thông luật dựa trên các vụ kiện trước (đã được phán quyết trước đây) thay vì luật thành văn
………
Trang 14Task 13: Rearrange the words to make meaningful sentences
1 attorney / is / this / a law / interested / in / contract / and / has / most / advise/ defendants / of / their law / rights / helped / at / firm
……… 2 law / most / helping / clients / careers / interests / deal / legal / with / their / personal / impacting / or / business / issues / involve
……… 3 careers / some / defending / in / law / diligent / require / such / work / gathering / facts / or / as / cases / in / court
……… 4 a / selecting / major / legal / students / to / allows / expert / gain / in / their / knowledge / area / before / a / launching / career
……… 5 businesses / government / agencies / individuals / need / and / law / to / mitigate / protect / professionals / risks / and / property
……… 6 the / role / is / lawyer’s / and / evolving / expanding / to / pace / with / the / keep / legal / ever-changing / system
……… 7 was / he / when / the / released / judge / there / ruled / no / evidence / was / against / him ……… 8 different researching of law types will applicants help out figure which jobs they are in most legal interested
………
Trang 15SECTION 2 LANGUAGE USE IN A WIDER CONTEXT 1.4 PASSAGE COMPLETION
PASSAGE 1
Read the passage and choose the correct words to fill in the blanks
In England, a “barrister” is a member of one of the Inns of Court (= the four law societies in London to which lawyers are members) That lawyer has to pass examinations and spend one year in training before being fully accepted to _(1) _ law Barristers have the right of audience in all courts in England; in other words, they have the right to speak on behalf of their _(2) _ before the courts
Magistrates usually work in Magistrates' Courts These courts hear _(3) _ of petty crime, adoption, affiliation, maintenance, and home violence The court can _(4) _ someone for trial or for sentence There are two main types of magistrates: stipendiary magistrates (qualified lawyers who usually sit alone), and lay magistrates (unqualified, who sit as a bench of three and can only sit if there is a justices' clerk _(5) _ to advise them)
In England, judges are _(6) _ by the Lord Chancellor The minimum requirement for being a judge is that one should be a barrister or solicitor of ten years' standing The majority of judges are barristers, but they cannot practice as barristers Another term is “recorders”, who are practising barristers and act as judges on a part-time basis The appointment of judges is not a political appointment, and judges remain in office unless they are found _(7) _ of gross misconduct Judges cannot be Members of Parliament
Juries are used in criminal cases and in some civil actions The role of the jury is to use common sense to decide if the verdict should be for or against the _(8) _ Members of a jury (called “jurors”) normally have no knowledge of the law and follow the explanations given to them by the judge Anyone whose name appears on the electoral register and who is between the ages of 18 and 70 is eligible for jury _(9) _ Judges, magistrates, barristers, and solicitors are not eligible for jury service, nor are priests, people who are on bail, and people suffering from mental illness People who are excused jury service include members of the armed forces, Members of Parliament and doctors Potential jurors can be _(10) _ if one of the parties to the case thinks they are or may be biased
Trang 167 A guilty B innocent C responsible D suffering 8 A witness B plaintiff C accused D prosecutor 9 A statute B service C clinic D Procuracy 10 A challenged B refused C rejected D denied
PASSAGE 2
Read the passage and choose the correct words to fill in the blanks
In England we have two different types of lawyer One is known as a solicitor and the other is a barrister Both are called ‘lawyers’ This can be a little confusing because in the USA every lawyer is usually known as the _(1) _ An English law student has to decide at some time during their university studies which type of lawyer they would like to become when they finally _(2) _ as a lawyer
Most English law students decide to become a solicitor These are the lawyers that a _(3) _, the person who pays for the services of a lawyer, will usually meet first Often the solicitor can help the client without the need for a barrister
Most solicitors work in small private businesses, known as _(4) _, in what are called ‘High Street firms’ This phrase ‘High Street firm’ refers to a typical, small group of solicitors working together in the type of offices that you can find on the major streets of any English town or city A young lawyer will usually work first as an _(5) _ of the firm and gain some experience while being paid a fixed salary before being offered the opportunity to become a partner A typical High Street solicitor usually specialises in a particular area of law, such as family, employment, or commercial law Many people believe that solicitors cannot _(6) _ for their clients in court but this is untrue Thousands of solicitors appear in court every day, especially in the County Courts where most claims are _(7) _
The second type of lawyer found in England is known as a barrister Barristers are usually specialists in a very particular area of law They give advice and opinions to solicitors and their clients Barristers have the right of _(8) _ (the right to be heard by a judge) in all of the courts in the land Barristers all work alone as individuals because they are forbidden to work as partners After several years of experience, members of either profession may apply to preside over cases and sit as a _(9) _ Within the English legal system, a law student cannot take an exam to be a judge but has to wait to be _(10) _ after some years of experience as a lawyer
(Mason & Atkins, 2007)
1 A magistrate B attorney C prosecutor D tribunal 2 A qualify B familiarize C confess D convict 3 A verdict B bailiff C witness D client 4 A legislation B practitioner C partnership D equity
Trang 175 A associate B accused C administrator D offeror 6 A stimulate B act C support D argue 7 A investigated B suspected C issued D completed 8 A discussion B bargaining C innocence D audience 9 A judge B jury C procurator D claimant 10 A approved B sentenced C managed D appointed
PASSAGE 3
Fill in the blanks with appropriate words to complete the passage
Life as a barrister is prestigious, but it can also be extremely stressful Julia de Burca is a barrister in London The first difficulty Julia had was to (1) _ as a barrister at all Only 500 or so law students manage to pass the Bar Vocational Course in England and Wales every year In an average year approximately 1,500 students begin the course, so many do not make it The Bar Vocational Course is described as a bridge between the academic study of law and having to actually (2) _ law in the real world Julia passed the course three years ago
In a typical day, Julia leaves her flat at 7.30am and arrives at her (3) _, the special name for a barrister’s office, at 8.30am Julia shares a building with 14 other barristers However, they are not partners Barristers are allowed to share office, but they are not allowed to (4) _ partnership Every barrister is self-employed
If she is (5) _ a client that day, Julia travels directly to court Speaking on behalf of a client in court is called (6) _ a case As a barrister, Julia has the right of audience in court at every level She is confident and she is skilled at speaking in court She is also required to do a lot of research and a lot of (7) _, which means writing legal documents On days when Julia is not in court, she spends her time preparing cases and writing opinions She usually leaves work at around 7.30 pm, taking any work that is not finished with her Julia often works long hours over the weekend
Julia is a specialist in insolvency, so she advises clients who (8) _ money but for some reason they cannot pay When a company has financial problems, Julia will advise the company if it can legally continue trading She sometimes has to defend clients in court when
Trang 18PASSAGE 4
Fill in the blanks with appropriate words to complete the passage
In the US, Constitutional law focuses specifically on the interpretation (1) _ the United States Constitution This study can (2) _ judicial decisions as well as federal policies Constitutional law also deals with the balance between governmental power and the rights of individual citizens
Environmental law is relatively new and it deals with the regulation of environmental (3) _ in such areas as air and water pollution and hazardous waste disposal Since many environmental rules and regulations are still being defined, this type of law often involves (4) _ between environmental agencies and large corporations Because environmental issues are the concerns of the entire planet and not of just one particular country, environmental law often deals with international legally (5) _ treaties
Intellectual property law deals with distinct pieces of property, including artistic works, inventions, and the creator's exclusive rights to that property Common subdivisions within intellectual property law are copyrights, trademarks, and patents This type of law has a tendency to be abstract and ambiguous and therefore often involves litigation, either between two parties over the rights of property or between one party and the state Large commercial companies often have their own divisions of trademark lawyers to keep their intellectual property (6) _
The Oxford English Dictionary defines criminal law as "a system of law concerned with the punishment of those who (7) _ crimes." It is the first thing many people think of when they think of the phrase "the law." The study of Criminal law involves not just current laws that are in place, but the procedure of an entire criminal trial, including the gathering of evidence and courtroom protocol, whether on the side of the defense or the (8) _ There are many positions for criminal lawyers in both the government/state and private sector
Contract law, which involves legally binding agreements between two or more parties, is a common field of law that is taught in many schools The study of contract law (9) _ a range of issues, from the sale or exchange of goods to employment and family matters Within these areas, students learn how to approach such situations as contractual obligations, breach of contract, and termination of contract Those who (10) _ in contract law can work in several different fields, including real estate and entertainment
(Mays & Fideline, 2016)
Trang 191.5 READING COMREHENSION
PASSAGE 1
Read the passage and do the tasks below
There are a variety of groups and individuals represented by attorneys in criminal and civil cases Legal education is divided into primitive, transitional, and modern legal systems Primitive legal systems are characterized by law creation and administration by tribal leaders; informal decision-making; a lack of court systems and attorneys; and the presentation of cases by eloquent orators with well-trained communication capabilities Transitional legal systems existed in early industrial societies, involving the emergence of police, judge, and attorney roles Attorneys were trained through tutelage and apprenticeships, until law schools began to emerge in the late 1700's and early 1800's Within modern legal systems, law training became more formal, required a university degree, and bar exam passage Once these requirements are met, attorneys find employment in a variety of settings
74% of practicing attorneys are in private practice The remainder work for government agencies or private industries, are judges or educators, and work for legal aid or public defender systems There is a trend toward attorneys working in larger law firms Though the earning potential is appealing, indicating a demand for attorneys, earning varies based upon location, firm size, and field of law
US local and state prosecutors bring charges against criminal defendants on behalf of the people of the state These prosecutors receive cases from law enforcement, review cases for legal sufficiency, advise the grand jury about certain issues such as giving warrants, and try criminal cases through all stages of judicial proceedings United States Attorneys handle most of the work in federal district courts They are appointed by the President, confirmed by the Senate, and serve at the pleasure of the President and Attorney General They are responsible for defending criminal cases brought by the U.S government; handling civil cases in which the federal government is a party; and collecting administratively non-collectable debts Defense attorneys are responsible for client counseling, developing legal strategies, serving as a mediator and negotiator, appraising cases, and promoting justice Defense attorneys often appear of lower status than other attorneys due to their reputations and lower compensation Methods for
Trang 20Read the first two paragraphs and decide whether these statements (1-5) are TRUE (T), FALSE (F), or NOT GIVEN (NG)
1 There are three legal systems to be addressed in legal education 2 There were no juries in the primitive legal systems
3 Attorneys first appeared in the transitional legal systems
4 Attorneys required a university degree to practice in the transitional legal systems 5 Most attorneys would like to work for large law firms due to appealing earning potential
Read the text again and choose the correct answer A, B, C, or D for each question
6 It could be inferred that orators were able to win cases as a result of their A knowledge of the law B skills in speaking and debating C familiarity with court procedures D experience and wealth
7 The responsibility of a prosecuting attorney is to represent A the people of a state B the crime victim(s) C the court office D the claimant of a case 8 Which of the following is a responsibility of U.S Attorneys?
A To prosecute criminal cases brought by the U.S government
B To handle criminal cases to which the federal government is the accused C To plead cases involving civil rights violations by state officials
D To manage debts that are owed to the government
9 Which of the following is a way that prosecutors work with law enforcement officials? A Drafting legal warrants B Receiving cases from claimants C Investigating criminal cases D Giving advice on warrants
10 Which one is a reason that attorneys choose to practice civil law rather than criminal law? A Attorneys could choose which type of case to follow and defend
B It is easier for attorneys with low competence and procedural errors C Civil law judges are less prejudiced in determining the outcomes D The outcomes of civil law cases are more financially rewarding
Trang 21Firm of solicitors Telephone number
1 2 3 4
Decide whether the following statements about the advertisements are TRUE or FALSE
5 If I invent a new type of water heater that I don’t want anyone else
to be able to copy, I should call 07771 777 5454
Trang 22NUMBER ONE FOR EMPLOYMENT LAW
If you have a problem in any of the following areas call today for first class advice
UNFAIR DISMISSAL / REDUNDANCY BULLYING / DISABILITY RIGHTS EQUAL PAY / DISCRIMINATION
BREACH OF CONTRACT
www.judybarclay.co.uk 0771 3339989 25 Haymarket Lane, Chatsworth.
Judy Barclay
McCarthy Kyle & Co
YOUR LOCAL EDUCATION LAW SPECIALISTS IN CHATSWORTH
Specialists in all areas of Education law including:
Special EDUCATION NEEDS / DYSLEXIA / ADMISSIONS AND EXCLUSIONS and NEGLIGENCE CLAIMS
0771 411 8888
33 Belvedere Gardens, Chatsworth.
Patel and Co, SolicitorsSPECIALISTS IN IMMIGRATION LAW
BUSINESS IMMIGRATION LAW& Work Permits
Email: PaulinePatel@law.com Tel: 0771 333 2323
40 Royal Crescent, Chatsworth.
Swanhouse Place, Chatsworth
1st CALL ACCIDENT CENTRE
ACCIDENT? INJURED?
Trang 23PASSAGE 3
Read the passage and do the tasks below
Dial-A-Law is a library of pre-recorded messages to provide general information on specific topics of law You can call this service 24 hours a day, 7 days a week and listen to any tape from our complete library of pre-recorded messages
Dial-A-Law provides information, not legal advice Each legal problem is different so if you have a legal problem you should talk to a solicitor If you don't have a solicitor, the Legal Referral Service can refer you to a solicitor in your area
While the Dial-A-Law information service is available 24 hours a day, the Legal Referral Service is open only during normal business hours
What if I need a solicitor?
If you listen to a Dial-A-Law message after business hours, you can phone the Legal Referral Service during business hours the following day on the number given to you at the end of the message
If you listen to a Dial-A-Law message during business hours and decide you want a referral to a solicitor, press the appropriate number when prompted and you will be automatically transferred to the Legal Referral Service
You will be given the names of up to three solicitors in your suburb who practise in the specific area of law you require You can simply arrange an appointment with one of these solicitors Then you must contact the Legal Referral Service to obtain a referral letter You must hand this to the solicitor at the beginning of your interview He or she will give you an initial interview of up to 30 minutes free of charge
During the interview the solicitor will tell you if you have a legal case, what is involved, approximately how long it should take to solve the problem, and how much it is likely to cost Then, if you and the solicitor agree, you may hire the solicitor to handle your problem at his or her normal fee
(Brook-Hart & Jakeman, 2012)
Trang 24Questions 1-5: Read the passage and choose the correct letter A-D for each question 1 What could be inferred about “Dial-A-Law”?
A It is a partnership of solicitors B It is a law college library C It is a legal telephone service D It is a legal Internet message bank
2 What is the function of “Dial-A-Law”?
A Give legal counselling
B Inform about particular legal subjects C Recommend solicitor services
D Provide contractual support
3 When is “Dial-A-Law” is available to customers?
A At any time B On weekdays only
C During business hours D For thirty minutes at a time
4 What could customers get if they listen to a Dial-A-Law message during business hours?
A A number to contact a solicitor office in their suburb B A suggestion of some solicitors for them to choose C A letter to the Legal Referral Service
D An interview to threes solicitors for law practice
Decide whether these statements (6-10) are TRUE (T), FALSE (F), or NOT GIVEN (NG)
6 The client can be transferred to a solicitor at any time 7 The first consultation with a solicitor is always free 8 The client must write ä letter of referral for the solicitor
9 The solicitor will advise the client of the expense involved in a legal matter 10 The client should take the first solicitor offered
Trang 25CHAPTER 2: CONTRACT LAW SECTION 1 THEME-BASED LANGUAGE KNOWLEDGE
2.1 KEY TERM DEFINITIONS
A – ESSENTIAL ELEMENTS TO FORM A CONTRACT
Task 1: Identify the essential elements in a contract based on the given definitions (1-8) and the initial letters
1 A promise that one party makes in exchange for
another party's performance in a contract
O
2 The mental attitude or determination of parties to enter a legally binding contract
I
3 An express act or implication from the offeree indicating
the consent to the terms and conditions in a contract
7 A section in a legal agreement relating to certain
conditions under which the parties agree to act
C
8 A form of court enforcement to compensate for the injured in a breach of contract
R
Trang 26B – OTHER ELEMENTS IN A CONTRACT
Task 2: Match the contractual terms (A-J) with their corresponding definitions (1-10)
A damages B valid C assignment D restitution E fraudulent misrepresentation F party G binding H claim (v) I cover (v) J proximate cause
1 be legally acceptable or legally bound according to the law
2 an adjective used to show that something cannot be changed or avoided, especially in a contract
3 the transfer of one's contractual rights to a third party
4 a person or organization taking part in a contractual transaction or a court proceeding 5 the act of misleading someone so as to entice them to enter into an agreement
6 the money awarded by a court in compensation for a loss or injury
7 the reason from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred
8 to put forth a formal demand for money that is due as a remedy from an injury suffered 9 to protect someone against loss, damage, accident, or stealing, by having insurance 10 an action of returning to the owner his/her property or the monetary value of loss
Trang 272.2 VOCABULARY PRACTICE ON CONTRACT LAW
Task 3: Fill in the blank with appropriate contractual element(s) for each case
1 One party made a proposal to the other party as “I will sell you my car cleaning business on 1 January for £20,000” This proposal is called a/an
2 In a contract, one party exchanged a car cleaning business in return for £20.000 As a result, this element of a contract is called a/an
3 The husband promised to buy a diamond ring for his wife on her birthday When he failed to pay, the wife sued the husband Wife’s action failed because there was no and in this case
4 If one party says, "I will buy your car cleaning business But not for £20,000 as you ask I
will give you £15,000” In this case, such a statement is called a in a
contract
Task 4: Look at the following situations and decide what kind of contract is being described
Consultancy agreement, Distribution agreement, Franchise agreement, Loan agreement, Manufacturing license agreement, Retail contract, Labour Contract,
Shareholders’ agreement, Tenancy agreement
1 I went into the supermarket and chose the items that I wanted As soon as my basket was full,
I headed for the checkout
2 The rent is £650 pcm, which has to be paid monthly in arrears Electricity, gas and phone bills
are extra There's a communal garden and a communal parking area, for which I also have to pay a nominal maintenance fee The landlord is responsible for any repairs to the property I'm not allowed to sublet at any time I've signed the lease for 18 months
3 The deal is simple: we get the right to use the company's name, their trademark, their products,
wear their uniforms, and use their stationery They also provide our staff with all the necessary training, give us invaluable managerial assistance and provide advertising materials In return, we have to meet specific requirements, such as quality of service, maintaining good customer
Trang 285 This agreement is for a period of two years, following a 4-week probationary period Your
remuneration package includes an annual gross salary of £32,000 You are entitled to sick pay and 6 weeks annual leave after you have been with us for 3 months Your hours of work are 9 to 5 Monday to Friday, although you may be asked to work overtime during busy periods The company has its own medical and pension schemes which you may join
6 This agreement should be used where one party (the licensor) owns intellectual property rights
in respect of a product it has developed and wishes to license the manufacture of the product to a
7 This agreement is used where one party is providing services as an independent advisor to a
8 This is intended to govern the relationship between a number of shareholders in a company
The agreement works as a second layer of protection preventing the company from being run in a manner other than has been agreed
Task 5: Work in groups and decide if the following statements are TRUE or FALSE pursuant to the British Contract Law
1 An individual or a business may enter into a contract
2 When you signed the contract, legal rights were created and were enforceable under the law 3 An oral contract is an implied contract
4 A legally binding agreement includes an offer and an acceptance 5 An express contract must be in writing
6 Formal contracts are contracts between parties who are in formal relationships, e.g., employer-employee relationship
7 If an offeree is silent, he/ she can never be considered to have accepted an offer
8 A contract entered into by a mentally incompetent person can be valid if the person had capacity at the time the contract was formed
Trang 29Task 6: Choose the correct words with suitable verb forms to fill in the blanks
A state B perform D reject E award F revoke G incur H file I communicate J oblige K sue
1 A counteroffer could be defined as a new offer with new terms made as a reply to a previously offer
2 A breach of contract refers to the failure to perform a contractual obligation which a right for the other party to claim damages
3 Anyone who is not a party to the contract is considered a third party and cannot be to do anything required under the contract
4 He turned down the deal and came back with a counteroffer asking for more money, requiring it to be clearly in the contract
5 When a party does not do what it has promised to do under a contract, it can be for breach of contract
6 When a person who makes an offer withdraws it before it can be accepted, we can say that the offer has been
7 According to contract law, acceptance must be and cannot be made by silence
8 According to the British contract law, a party will not be required to its contractual obligations if a party is in breach
9 Under the British contract law, damages are to a party for any loss that the party has suffered as a result of a breach of contract
10 According to the British contract law, if one party breaches a contract, the non-breaching party may a lawsuit against the breaching party
Trang 30Task 7: Choose the correct option for each sentence
1 He turned down the deal and came back with a asking for more money, requiring it to be stated clearly in the contract
A counter-offer B party C validity D core 2 According to the British contract law, the price and the subject matter are the essential of a contract and need to be expressed in writing
A areas B articles C trials D terms 3 According to the British contract law, a contract which is not in written form but has been expressed in spoken words is called an oral
A agreement B consideration C clause D rights 4 If a contract is broken, the party might be expected to demand a restitution, compensation, or a specific performance
A incriminating B valid C compulsory D injured 5 In the common-law tradition, damages could be the usual that a court awards for a broken contract
A remedy B nuisance C privacy D negligence 6 If we manage to offer a generous out-of-court _ with the non-breaching party, it is possible that they will not sue us
A cross-examination B settlement C defamation D assignor 7 If you can assure us that such a breach of contract will not happen again, then it is possible that we won't take any further to sue you
A guarantee B movement C step D action 8 The legal issue here is whether or not their breach is enough to allow our company to terminate the contract without being for damages
A liable B elective C relevant D proper 9 If the term is simply a , you will be able to claim damages to cover any costs you have incurred as a result of this breach, but may not actually terminate the contract
A practitioner B reference C warranty D condition 10 According to our contract, Mr Butcher is to either a full refund if you fail to deliver the goods on the arranged date
A convicted B entitled C stimulated D challenged 11 Because they failed to the order by the agreed date, we would like to terminate the contract
A signal B end C fulfill D organise 12 According to the British contract law, a specific is an order from a court that tells a party in breach to carry out his or her obligations under a contract
Trang 31A action B performance C execution D jurisdiction 13 When a condition or an essential term is breached, the non-breaching party may terminate the contract and can also damages
A claim B repay C appeal D reverse 14 A lack of consideration is one reason why a promise to do something may not be recognized as legally by a court of law
A judicial B statutory C binding D hazardous 15 A party will not be required to perform its contractual if a party is in breach
A annex B losses C obligations D conditions 16 The of contract law will determine whether and at what point a binding agreement has been made between the parties concerned
A customs B principles C considerations D offers 17 According to the British contract law, that boy is only 14 years old, so he does not have any legal to enter into a contract
A duty B liability C capacity D damage 18 According to the British contract law, unless one party has taken unfair advantage of the other, or a is illegal, courts are unlikely to interfere with the contractual relationship A term B warranty C performance D remedy 19 In the end, the non-breaching party has got the damages to the loss incurred by the breach of contract via negotiation
A cause B represent C cover D claim 20 According to the British contract law, any alterations or in the contract must be agreed upon by the two parties in writing
A rearrangements B amendments C judgments D terminations
Trang 322.3 SYNTACTIC PRACTICE
Task 8: Correct ONE grammatical mistake in each sentence below
1 When a party files a suit claimed a breach of contract, the first question the judge had to decide is whether a contract exists between the parties
2 Failure to make a donation with a promise is not enforceable as a breach of contract because there is no consideration in this case
3 One important difference between oral and written contracts is the statutory of limitations that creates deadlines for filing lawsuits concerning the contract
4 For oral contracts, the intention of the parties determines by considering the circumstances of the contract’s formation as well as the course of dealing between the parties
5 A contract is a voluntary arrangement between two or more parties that are enforceable by law as a binding legal agreement
6 The holder of a negotiable instrument may be able to sue on it as not originally a party to it 7 Acceptance to a contract occurs when a party agrees to the offer by way of a stating or an act 8 In most cases, that measure of damages is the amount of money required to put the innocent party into the position it would have been in, has the breach of contract not been committed
Task 9: Fill in the blanks with appropriate prepositions
1 A foreign trade contract is a legal document governing an export-import transaction and it should be strictly drawn up updated terms and conditions of international trade practice 2 If the rights and liability the foreign partner are not verified, the contract may turn out to be null and void and can be terminated
3 The United States and Canada may enter an agreement that would allow easier access to jobs across the border
4 Contract law is the area of law that governs making contracts, carrying them and fashioning a fair remedy when there’s a breach
5 To interpret a contract, a court looks at the clear language of the contract the viewpoint of an objective and reasonable person
6 For an innocent party to obtain substantial damages, he must show that he has suffered a loss a result of the breach and the amount of his loss
7 Other than termination, the remedies breach of contract are designed to give effect to the transactions which were voluntarily agreed by the parties
8 Contractual obligations most often require a contracting party to positively do something, rather than refrain doing something
Trang 33Task 10: Rearrange the words to make meaningful sentences
1 An/ may/ to/ a/ offer/ particular/ person/ or/ either/ to/ the /be/ public/ at/ large/ made
……… 2 Of/ contract/ formation/ the/ presence/ essential/ requires/ four/ a /elements/ of
……… 3 Contract/ may/ neither/ enforced/ some/ be/ void/ a /voidable/ but/ cannot/ be/ nor/ in/ court ……… 4 A/ comes/ an/ when/ both/ parties/ fulfilled/ have/ their/ contract/ all/ end/ obligations/ to ……… 5 The/ liability / party / losses / shall / bear /for / breach / breaching / of / contract / by
compensating / the / for
……… 6 The/ of/ for/ a/ or/ of/ contract/ is/ entitled/ tort/ to/ recover/ is/ principle/ full/ breach/
damages/ plaintiff/ compensation/ general/ the/ for/ his or/ that/ her/ loss
……… 7 In/ which/ contract/ is/ a/ offer/ when/ the/ offeree/ law/ formed/ the/ accepts/ the/ offeror/
has/ English/ made
……… 8 The/ that/ ruled/ were/ breach/ of/ the/ for/ failing/ offer/ to/ defendants/ pay/ the/ in/ plaintiff/
sum/ judge/ contract/ their /which/ they/ had/ the/ promised/ in
………
Trang 34Task 11: Translate the following statements into Vietnamese
1 This course covers the fundamental principles governing the formation, interpretation, performance, and enforcement of contracts
……… 2 This is a non-essential term, which means a non-breaching party can sue for damages but a breach does not give the right to termination
……… 8 For there to be a valid contract, the parties must agree on the essential terms such as the price and the subject matter of the contract
………
Trang 35Task 12: Translate the following sentences into English
1 Hợp đồng là một thỏa thuận tự nguyện giữa hai hoặc nhiều bên và có hiệu lực pháp luật như một thỏa thuận pháp lý ràng buộc
………
2 Vì họ không hoàn thành đơn hàng theo ngày đã thỏa thuận nên chúng tôi chấm dứt hợp đồng
……… 3 Nếu hợp đồng bị phá vỡ, bên bị tổn thất có thể yêu cầu bồi hoàn tài sản hoặc tiền bồi thường tổn thất
Trang 36Task 13: Choose the correct translated version for each statement
1 They can reach an agreement through the negotiations A Họ cĩ thể đạt đến thương lượng thơng qua thoả thuận B Họ cĩ thể thơng qua thoả thuận đạt đến thương lượng C Họ cĩ thể thoả thuận và thương lượng
D Họ cĩ thể đạt đến thoả thuận thơng qua thương lượng
2 Once you find something that is against the regulations of contract, you can demand to correct in time
A Một khi anh đã phát hiện điều gì đĩ trái với các yêu cầu của hợp đồng thì anh cĩ thể yêu cầu chỉnh sửa đúng lúc
B Một khi anh đã phát hiện điều gì đĩ trái với các qui định của hợp đồng thì anh cĩ thể yêu cầu chỉnh sửa đúng lúc
C Một khi anh đã phát hiện điều gì đĩ trái với các đề nghị của hợp đồng thì anh cĩ thể yêu cầu chỉnh sửa ngay
D Một khi anh đã phát hiện điều gì đĩ trái với các qui định của hợp đồng thì anh cĩ thể yêu châm dứt ngay
3 The borrower shall repay the loan within the contracted time limit A Người mượn sẽ trà lại khoản vay trong thời hạn thoả thuận hợp đồng
B Người mượn sẽ thanh tốn lại khoản vay trong thời hạn thoả thuận hợp đồng C Người mượn sẽ bồi thường lại khoản vay trong thời hạn thoả thuận hợp đồng
D Người mượn sẽ trà lại khoản nợ thế chấp ngân hàng trong thời hạn thoả thuận hợp đồng
4 Tranh chấp phát sinh trong quá trình thực hiện hợp đồng A Arguments arises in the implementation of the contract B Disputes arise in the implementation of the contract C Disputes occur in the fulfillment of the contract
D Arguments appear in the implementation of the contract
5 Tồ án tuyên cho bên bị thiệt hại hợp đồng được hưởng tiền bồi thường là 1 triệu địng A The court awarded 1 million VND in damages to the injured party
B The judge decided 1 million VND in damages to the breaching party C The court fined 1 million VND in compensation to the non-breaching party
Trang 376 Hiện tại những người có quyền đề xuất việc bồi thường cho những thiệt hại về tinh thần trong luật hợp đồng chỉ giới hạn cho các cá nhân thôi
A Anyone that has the right for spiritual damages in contract now is only limited to individuals
B The person that has the right for compensation for spiritual damages in the contract law at present is only limited to individuals
C The one that has the right to put forward compensation for spiritual damages under the contract law at present is only limited to individuals
D Who has the right to ask for compensation for spiritual damages at present is only limited to individuals pursuant to the contract law
7 Nếu bện bị tổn thất hợp đồng cũng có lỗi gây ra thiệt hại, thì trách nhiệm của bên vi phạm cũng có thể giảm nhẹ
A If the breaching party is also causing the damage, the liability of the accused may be reduced
B If the victim party also causes the damage, the liability may be reduced
C If the non-breaching party is also at fault for causing the damage, the contractual liability of the accused may be reduced
D If the injured party is also at fault for causing the damage, the liability of the breaching party may be reduced
8 Trách nhiệm pháp lí về việc vi phạm hợp đồng được quy theo thoả thuận hai bên
A The duty for breach of contract shall be borne with the agreement between the parties B The liability for breach of contract shall be borne in accordance with the agreement
between the parties
C The breach liability of contract shall be borne as the agreement between the parties according to the law
D The liability of contract is borne in accordance with the agreement between the parties
Trang 3810 Các bên phải thực hiện đầy đủ nghĩa vụ của các bên được nêu trong hợp đồng A Both parties shall fulfill their obligations which arise in the contract
B Both parties shall fulfill their obligations they have to do as they have arisen from the contract
C The parties must fulfill their respective duties out of the contract
D The parties shall fulfill fully their respective obligations arising out of the contract
11 Bên vi phạm hợp đồng sẽ chịu trách nhiệm pháp lí cho việc vi phạm hợp đồng bằng cách bồi thường tổn thất
A The breaching party shall bear the breach of contract legally by compensating for losses B The breaching party shall undertake the legally liability for breach of contract by
compensating for damages
C The breaching party shall bear the liability for breach of contract by compensating for losses
D The breaching party has to compensate for losses by bearing the liability for breach of contract
12 Nếu anh ta không thực hiện nghĩa vụ hợp đồng của mình, toà án sẽ dung các biện pháp cưỡng chế thi hành
A If he does not complete his duty in the contract, the court will take the enforcement measures
B If he does not get his contractual duty completed, the court will take the enforcement measures
C If he does not commit his contractual obligation, the court will take the enforcement measures
D If he does not fulfill his contractual obligation, the court will take the enforcement measures
Trang 39Task 14:
The underlined parts of the email are not appropriate, either because they are incorrect or too informal Give an alternative to each underlined word, add an additional word, or delete a word where appropriate to create an accurate, formal and professional email
Subject: Letter before Action from James Pink Ltd of York
Dear Ms Pink,
Thank you for your visit to my office yesterday The (1) point of this letter is to set out the advice I gave you in relation to the Letter before Action (2) from 7 June 2016 that you received on 8 June 2016 As I (3) said, we have a limited amount of time in order to respond to this as we risk legal proceedings being issued (4) on you if we fail to act quickly
The letter is from solicitors (5) working on behalf of local retailer, James Pink Ltd of York The
company is threatening legal action unless you immediately stop using your current business trademark, which consists of the name ‘Pink of York’ set against a pink-coloured background
They (6) accuse that your use of your current trademark is an infringement of their client’s
intellectual property as it is almost identical to their own trademark, which is ‘J Pink of York,
1885’, set against a pink-coloured background For the sake of (7) clearness, you informed me
your business was established in 2015 and you are a retailer of lingerie, whereas James Pink Ltd was established in 1885, and is a retailer of gentlemen’s shirts and accessories
Your (8) first response to the Letter before Action was to allow the complainant to (9) go ahead to court, where you planned to defend any claim (10) under the basis that a member of the public could not possibly confuse the two businesses as they are (11) divergent in regard to both the
goods they offer to the public and their approach to advertising This is often a successful
strategy in court if the defendant can (12) encourage the judge that this is indeed the case
My advice is that you cease your use of the ‘Pink of York’ logo with immediate (13) result as there is clear (14) evidences the public are confusing the two brands as the solicitors for the complainant (15) expressed state that several members of the public have attempted to return
Trang 40SECTION 2 LANGUAGE USE IN A WIDER CONTEXT 2.4 PASSAGE COMPLETION
PASSAGE 1
Read the passage and choose the correct words to fill in the blanks
In general, businesses are free to _(1) _ into whatever contracts they agree between themselves according to the UK law However, business contracts must not be _(2) _ to case law or to Acts of Parliament If the contents of a contract, usually called the terms and _(3) _, do not comply with the law, meaning they don't follow the law correctly, then a judge will probably decide that the contract is “void” In other words, it is not an _(4) _ contract that a court will recognise as valid It is a general rule that both parties to the contract must have _(5) _ to contract This means that when a person signs a contract they must be:
- old enough to _(6) _ (say yes) to it - not mentally ill
- and not drunk or using drugs
It is another general rule that both parties must have _(7) _ signed the contract voluntarily, freely, and not under duress (pressure)
A contract may be _(8) _, or oral (spoken), or in the form of a deed A deed is sometimes called a contract under seal It is a special contract that is legal even though one of the parties has not provided consideration A promise of a gift or donation for example, can be a valid contract if the agreement takes the form of a deed An oral contract is binding according to English law Even if a contract involves a large sum of money, it is still valid though it is oral
When a contract comes to an end, we say that the contract is discharged If the contract is discharged because one of the parties does not _(9) _ their obligations, it is called a breach If one party breaches the contract, the injured party can sue the party in breach The injured party is the _(10) _ and the party in breach is the defendant
(Frost, 2009)
1 A negotiate B enter C participate D enroll 2 A contrary B according C similar D equal 3 A offers B conditions C intentions D parties 4 A obliged B compulsory C elective D enforceable 5 A judgment B capacity C restitution D clause 6 A approve B appeal C terminate D consent 7 A issued B completed C convicted D confessed 8 A incurred B designed C written D drafted 9 A defend B fulfill C represent D cover 10 A claimant B accused C prosecutor D assignee