10. Contracts I. Match the listed words with the definitions given: a.

refusal by an employer to let workers enter a factory, until they agree to certain conditions; b. unexpected event; c. with an authenticating seal affixed; d. to free from; e. to make a legal claim against someone, usually because they have done something bad to you; f. no longer legal or effective; g. the calling off of something previously agreed upon; h. obligation assumed by any contracting party under the terms of a contract; i. expressed in speech or writing, especially in a definite or formal way; j. failure or refusal of a contracting party to perform its obligations under the contract.

1. under seal 2. stated 3. breach of contract 4. contractual liability 5. to sue 6. voided 7. contingency 8. lock-out 9. to release 10. cancellation II.

Read the following text and find words/ phrases for the following explanations:

A contract can be defined as an agreement between two or more parties to create legal obligations between them. Some contracts are made 'under seal': in other words, they are signed and sealed (stamped) by the parties involved. Contracts are made verbally or in writing. The essential elements of a contract are: (a) that an offer made by one party should be accepted by the other; (b) consideration; (c) the intention to create legal relations. The terms of a contract may be express or implied. A breach of contract by one party of their contractual liability entitles the other party to sue for damages or, in some cases, to seek specific performance. In such circumstances, the contract may be voided (in other words, it becomes invalid). In contracts in which goods are sold by sample, a stipulation may be made as to the way and by whom the bulk should be sampled. The contract will also specify the procedure in the event that the goods supplied are not up to sample. In the event of overshipment, the contract may stipulate that the buyer is entitled to warehouse the amount in excess at the sellers risk and expense. In the event of undershipment, the buyer may require that the seller should make up the shortage. The contingency clause, also called force majeure, releases the sellers from their obligations to fulfil the contract in any circumstances included in this category. Which events should be considered force majeure must be specified in the clause. Here we include both acts of God such as circumstances beyond any human control (floods, earthquakes, volcanic eruptions, hurricanes, lightening and thunders), and such events as wars, strikes, lock-outs etc. that are beyond the control of the contracting parties, meaning they are unforeseeable and/ or unavoidable. The clause will stipulate whether due to a contingency the seller is entirely released from liability, or this merely postpones fulfilment of obligations. The clause also refers to the possibility of cancellation of the contract by either party. 1. an arrangement between two or more people, countries etc; contract; 2. something by which a person is bound or obliged to do certain things; 3. the price in money, goods or some other reward, paid by one party in exchange for another party agreeing to do something; 4. clearly stated; 5. not clearly stated, but generally understood;

6. to give (a person or thing) a title, right, or claim to something; 7. small quantity of commodity selected to represent the bulk of a quantity of goods; 8. specification as an essential condition; 9. goods or cargo not in packages or boxes, usually transported in large volume 10. if something particular happens; in case of; 11. to be good enough; 12. an amount shipped in excess of contract stipulations; 13. a place in which goods or merchandise are stored; a storehouse; 14. deficiency in a necessary amount; 15. incapable of being foreseen; 16. to delay until a future time; put off. III. Choose the correct answer: 1. I really believe that it is in our company's .( = it would be beneficial for our company) to sign this contract. a. good interest; b. best interest; c. best practices. 2. Negotiation frequently involves compromise. Too much ., however, can be a bad thing. a. fluctuation; b. flexing; c. flexibility. 3. Many negotiators write (= develop) their own contracts before entering into negotiations. a. in; b. up; c. out. 4. We need to ____________ ( = clearly define) this point - it's a little ambiguous. a. clarify; b. clarificate; c. clear. 5. He came into negotiations with a ..list of items ( = a list of items arranged by priority). a. prioritized; b. priority; c. prior. 6. Our estimate was based on the for proposal (RFP) that we received from them on August 20th. a. request; b. requirement; c. recourse. 7. A "" is an important point (for one or more parties) that, if not agreed upon, will mean that the contract will not be signed. a. dealer-burrier; b. dealer-breaker; c. contract-breaker. 8. Would it be possible to ..( = get rid of/ not include) these fees? a. wave; b. waif; c. waive. 9. Contracts are promises that the law will ... a. enact; b. enforce; c. enhance; d. espouse. 10. The law provides remedies if a promise is ..and recognizes the performance of a promise as a duty. a. bent; b. bestoved; c. betrayed; d. breached. 11. Contracts ..when a duty does or may come into existence, because of a promise made by one of the parties. a. activate; b. appear; c. apply; d. arise. 12. The Law of Contracts deals with self-.duties, that is, agreements voluntarily concluded between parties. a. delineated; b. designated; c. implanted; d. exposed. IV. 1. brief 2. felony Match the legal terms with their explanations: a. an action or a suit brought before a court, as to recover a right or redress a grievance; b. the deliberate, willful giving of false, misleading, or

3. attorney 4. acquittal 5. barrister 6. trial

7. verdict 8. lawsuit 9. evidence 10. perjury

incomplete testimony under oath; c. a formal outline listing main contentions along with supporting evidence and documentation; d. one of several grave crimes, such as murder, rape, or burglary, punishable by a more stringent sentence than that given for a misdemeanor; e. judgment, as by a jury or judge, that a defendant is not guilty of a crime as charged; f. a person legally appointed by another to act as his or her agent in the transaction of business, specifically one qualified and licensed to act for plaintiffs and defendants in legal proceedings; g. the documentary or oral statements and the material objects admissible as testimony in a court of law; h. the finding of a jury in a trial; i. a lawyer admitted to plead at the bar in the superior courts; j. examination of evidence and applicable law by a competent tribunal to determine the issue of specified charges or claims.

V.

List the following words under the four headings below: item, review, expire, award, tender, amendment, licensing agreement, sole agent, renew, damages, draft, agency agreement, terminate, cancel, reconciliation. Before the contract Contents contract of the At the end of the Results contract problems of

VI. Translate into English: Firma noastra de avocatura are avocati specializati in redactarea si verificarea contractelor pentru o cat mai buna protectie a clientilor. Astfel, echipa noastra detine experienta in conceperea urmatoarelor tipuri de contracte: Contracte de cesiune - prin acest tip de contract un cedent cedeaza unui cesionar partile sociale ale unei societati comerciale Contracte de vanzare - cumparare - Avocatii nostri detin o importanta experienta in redactarea si verificarea diverselor tipuri de vanzare - cumparare, in special cele intocmite pentru proprietati imobiliare. Contracte de imprumut - Aceste tipuri de contracte necesita de obicei experienta unui avocat specializat pentru minimalizarea riscurilor.

Contracte de antrepriza - Dreptul imobiliar fiind una dintre specializarile principale ale firmei noastre, detinem o experienta vitala pentru verificarea sau redactarea acestor tipuri de contracte. Contracte individuale de munca - aceste tipuri de contracte contin deseori clauze specifice, cum ar fi clauze de confidentialitate sau anumite drepturi si obigatii ale angajatului sau angajatorului Contracte de prestari servicii - Firma noastra de avocatura detine experienta in redactarea contractelor de prestari servicii atat intre firme din Romania cat si conventii internationale