Practice

1. 'Translate' these extracts into 'everyday' English.

1. Any dispute whatsoever which may at any time arise hereafter between the parties hereto or their respective representatives concerning the present contract and the interpretation thereof shall be referred to the International Chamber of Commerce in accordance with the provisions of Section G of the present contract or any subsequent legally valid amendment thereof.

2. I hereby declare and agree that if the goods described hereunder are not collected by me or any other person authorised by me in writing to collect the said goods on my behalf within a period of 30 days from this date it shall be construed that I have thereby renounced all further claim of ownership of the said goods on behalf of myself or any other person and consent to the goods being destroyed, or otherwise disposed of, as soon as practicable after the expiration of the aforementioned 30 day period.

b. Underline what seems to you to be the main idea in this paragraph.

If any person, in the course of any trade or business, gives, by whatever means, any false indication, direct or indirect, that any goods or services supplied by him or any methods adopted by him are or are of a kind supplied to or approved by Her Majesty or any member of the Royal Family, he shall, subject to the provisions of this Act, be guilty of an offence. Trade Descriptions Act 1968 - 12 (1)

c. What condition must be fulfilled in the following paragraph? What will happen if it is/is not?

In case the said letter of credit is not accepted by Glanola plc within 3 (three) weeks after the date of this present contract, because the letter of credit is opened in conditions which are not in compliance with this present contract, then Glanola plc shall be under no obligation to perform their obligations under this contract and shall be entitled to consider this contract as null and void by simple notice in writing.

LISTENING

1. You are going to hear two short negotiations. In Dialogue 1, visiting American Jerry Mullins, on temporary attachment to Melford Furniture Group as part of an exchange programme with Melford's US parent, is talking to his UK boss, Charles Ramsay, about a training course. In Dialogue 2, Helen Dawson at Melford Furniture Group is talking to her old contact Hans Guertler about some second-hand cutting machines his German engineering firm has for sale. Listen to both dialogues and complete the following table.

Dialogue	Speakers	Purpose of negotiation	Outcome
1	Jerry Mullins + Charles Ramsay
2	Helen Dawson + Hans Guertler

2. Listen to Dialogue 1 again and decide which of the following statements about it are true.

1. Mullins and Ramsay established a good rapport with each other.

2. Mullins and Ramsay showed each other respect.

3. Mullins and Ramsay both used emphatic language.

4. Mullins had probably worked out his negotiating strategy before the meeting.

5. Mullins offered a creative suggestion to resolve an area of conflict.

6. Ramsay tried to avoid an atmosphere of conflict.

7. Ramsay showed a willingness to compromise.

8. The outcome of the meeting was unsatisfactory for both sides.

3. Listen to Dialogue 2 again and decide which of the following statements about it are true.

1. Dawson and Guertler established some common ground at the beginning of the negotiation.

2. Dawson indicated an area of conflict early in the negotiation.

3. Dawson and Guertler used polite language, showing tact and sensitivity.

4. Guertler made his sticking point clear regarding price.

5. Guertler did not make any concessions.

6. Dawson and Guertler were constructive and co-operative.

7. Dawson and Guertler summed up the main points they had agreed on.

8. The outcome of the negotiation was satisfactory for both sides.

Role-play: Negotiation

Working in pairs, role-play the negotiation between Jerry Mullins and Charles Ramsay from Listening /Dialogue 1, but this time try to ensure that the outcome is a win-win situation. Prepare for the negotiation carefully, using the hints on pages 31-32 SUPPLEMENTARY READING to help you.

SPEAKING

1. Work in groups and think of your own examples to throw light on the situation when a contract is not enforceable because:

1. there is no mutual agreement between the parties;

2. it doesn't involve real consent of both parties;

3. one or both parties cannot demonstrate their legal capacity;

4. the contract does not comply with laws and regulations.

2. Read the situation and consider whether, under English law, Mr. A or Ms. В might be in breach of any contracts, and what compensation might be demanded. Discuss this with other students.

Mr. A invites Ms. В out to dinner and reserves a table at an expensive restaurant in the countryside. He rents a car to take her to the restaurant, but when he arrives at her house he finds she is out. After waiting an hour he gives up and goes to the movies. He later discovers Ms. В had changed her mind when another boyfriend invited her out.

3. Solve the problem:

Six weeks ago, you ordered a computer software package from Lemon Inc. by mail order. It arrived promptly but now you have discovered that there is a serious bug in the program. You have written to Lemon and got no reply. You have tried telephoning, but they don’t answer the phone.

• What actions are you going to take?

• Role play the phone call (if you decided to make one)

• What would you do if you were Marketing Manager of Lemon Inc. and you found out what had happened?

• Cover the problem and explain what you have decided, giving you reason.

WRITING

1. As Sales Director at Island Silks, write a follow-up letter to the Chief Buyer at Trendsetters Inc. to confirm the points agreed in your negotiation. Take the opportunity to forward details of a new range of silk garment designs which you will be able to offer shortly and suggest Trendsetters might like to consider an order for these too.

2. As Chief Buyer at Trendsetters Inc., write a follow-up letter to the Sales Director at Island Silks to confirm the points agreed in your negotiation, and ask to be kept up to date on future additions to the company's range of silk garment designs.

3. As Chief Buyer at Trendsetters Inc., you are anxious to cash in on the latest fashion for silk designer shirts. Write a fax to Thai Silks in Bangkok requesting some samples as soon as possible and asking for a quote (CIF New York) for supplying 5,000 shirts. Ask whether you could expect delivery within four weeks of placing an order and request full details of the company's payment terms.

SUPPLEMENTARY READING