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Intro to LSP
Letter before action
Warm-up task:
1. Match the Polish and English equivalents:
Terms source: L. Berezowski: Jak czytać i rozumieć..

1.wrong A oddalenie powództwa

2.on the evidence B uniemożliwić, udaremnić
3.to taint C łudząco podobny
4.in issue D towary lub usługi
5.to preclude E konflikt interesów
6.dismissal of action F oddalić apelację
7.dismiss the appeal G za zgodą/za pozwoleniem
8.legal reasoning H handel hurtowy
9.the authorities are clear that I czynsz z tytułu wynajmu lub dzierżawy
10.conflict of interest J na podstawie materiału dowodowego
11.revoke K wysyłać, ekspediować, przewozić
12.rent L handel detaliczny
13.due M twierdzić, utrzymywać
14.deception N należny, do zapłaty
15.trespass O krzywda, szkoda
16.to contend P odwołać
17.ship R naruszenie prawa własności
18.confusingly similar S obarczyć błędem
19.wholesale T wprowadzenie w błąd
20.under sb’s authority U argumentacja prawna
21.retail W orzecznictwo nie pozostawia
wątpliwości, że
22.goods or services Z sporny

Letter before action, Vocabulary

letter before action – a formal document warning the other party that legal action is planned,
and giving the other party a chance to avoid litigation, typically by agreeing to an out-of-court
settlement (ugoda pozasądowa)
≈ wezwanie przedprocesowe (np. do dobrowolnego usunięcia urządzeń i zapłatę
odszkodowania)

1. Translate into Polish:

summer semester 2018

dr Anna Kizińska
 2

to instruct a lawyer –
remuneration –
in light of… –
to bring a tribunal claim –
a tribunal (an employment tribunal) –
constructive dismissal/constructive discharge –
exemplary damages –
to pursue a claim for exemplary damages –

2. Definitions:

exemplary damages (punitive damages, vindicative damages) Damages given to punish the
defendant rather than (or as well as) to compensate the claimant for harm done. Such damages
are exceptional in tort, since the general rule is that damages are given only to compensate for
loss caused. Exemplary damages cannot be given for breach of contract.

constructive dismissal Termination of a contract of employment by an employee because his

employer has shown that he does not intend to be bound by some essential term of the
contract. Although the employee has resigned, he has the same right to apply to an
employment tribunal as one who has been unfairly dismissed by his employer.

Source: A Dictionary of Law, OUP 2003

3. Translate into Polish:

…….
29 February 2008

…..
Dear Sirs

Our client: Y

We are instructed by the above named in connection with his employment with your
company.

summer semester 2018

dr Anna Kizińska
 3

Our client has been employed by you since ……., and that on D, while attending to his duties
with a colleague, he was accused by X of stealing confidential information from your offices.
Our client strenuously denies these accusations.
We are informed that there had been no previous criticism of our client’s work. In fact, X
recently informed Y that he was a positive asset to the company and suggested that a
promotion, together with a substantial increase in his remuneration, would shortly be
forthcoming.
In light of your actions of D, it is clear that our client would be fully entitled to resign and
bring a tribunal claim for constructive dismissal. Due to the circumstances under which the
allegations against our client were made, we have also advised Y that he would stand
excellent prospects of success should he decide to pursue a claim for exemplary damages
and/or defamation.
However, our client would be prepared to discuss alternative means by which this matter
might be resolved. Our instructions are to commence proceedings against you if we do not
receive satisfactory proposals for settlement of this matter within …. days.
Yours faithfully
….. Solicitors
Adapted from: Introduction to International Legal English 2008

4. Close-up quiz

summer semester 2018

dr Anna Kizińska