nazarova_nb_korobova_ev_practice_in_legal_english

tanned, rested couple lounging on a warm, sunny beach. The idea was to make customers feel good and think of that airline first for travel to warm vacation spots in the winter.

Other ads include catchy musical jingles. One cola company contracted with a famous rhythm–and–blues performer to play the piano and sing in its ads. Consumers remembered both the jingle and the product.

Some advertisers have been successful in getting consumers to connect one brand name with a certain product. For example, consumers often say jello when they may mean gelatin and kleenex when they may mean tissue. The people who make the ads for these products know that many shoppers select nationally advertised brands even though local or store brands may cost less and be of equal quality.

Whatever technique advertisers use, you should learn to separate the product from the characters and images in its ads.

Find the equivalents of the following words and expressions in the text.

Обращение к чувствам; лидер продаж; увидеть – значит поверить; легко запоминающиеся мелодии; торговое марка; спортивное оборудование; ссылаться на результаты тестов; загорелая, отдохнувшая пара; рекламный прием.

Answer the questions:

1.What is the biggest problem for many consumers with advertising? Is it the same with you?

2.What advertising techniques are mentioned in the text? Explain the meaning of each of them. Give your own examples.

3.Which technique influences you most? Why?

4.Can you separate the product from the characters and images in its ads?

5.Which ad do you find the best? The worst? Why?

6.How would you advertise your product?

Problem–solving:

Read and analyze the following ads. For each, answer the following questions: What technique or appeal is used? Is any important information missing? To whom is the ad trying to appeal–children, adults, women, men, or some other group?

a. “Show your love to a friend and to Mother Earth. Use the greeting card made from recycled products.”

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b.“Nine out of 10 doctors recommend ‘Super Strength’ Pain Reliever.”

c.A famous actress says: “If you want to get that special man in your life, use Avec Moi Perfume.”

d.“Going out of business! Bargains galore! Everything at the Pants Palace is priced to sell, sell, sell.”

e.“Your mother used Stuart’s Baby Powder; shouldn’t you?”

f.“For the time of your life, drink Brewmeister Beer.”

g.“You’ve come a long way, baby. Why not smoke a woman’s cigarette?”

h.Select three effective ads from a newspaper or magazine. Why is each ad effective? What technique or appeal is being used in each ad? (Instead of using print ads, you could tape ads from radio or videotape ads from television.)

Match the words on the left with the correct definition on the right:

Read and translate the text.

The bait–and–switch sales technique involves an insincere offer to sell a product on terms that sound almost too good to be true. The seller does not really want to sell the product, or “bait,” being offered.

The bait is simply used to get the buyer into the store. Once the consumer is in the store, he or she finds that the product is much less appealing than expected. Furthermore, on some occasions, the store may have only a very limited quantity of the “bait,” or the product may not be available at all. The seller then tries to “switch” the consumer to

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a more expensive item. Salespersons who use the bait–and–switch technique are told to “talk down,” or disparage, the advertised product and then refer the consumer to a higher–priced item. As encouragement, they may be given a higher commission if they sell the higher–priced item.

The Federal Trade Commission has rules against use of the bait– and–switch selling technique and will take appropriate action when it receives complaints from consumers. Many state and local agencies also handle such complaints. If state law prohibits bait and switch, a consumer may be able to cancel a contract with a seller when the seller has used this technique.

Sellers can legally advertise specials at very low prices to get customers into their stores without violating the bait–and–switch law. The items offered in these specials are sometimes referred to as loss leaders, because the seller may lose money or make very little money on them. It is not illegal to advertise a loss leader, so long as the seller has an adequate supply of the item in stock and does not disparage the item in order to switch the buyer to a more expensive product.

Find the equivalents of the following words and expressions in the text.

Приманка; ограниченное количество; поощрение; более высокие комиссионные; принять соответствующие меры; адекватное количество товара; дискредитировать; товар, продающийся по низким ценам с целью привлечь покупателей.

Answer the questions:

1.What is the bait–and–switch sales technique?

2.How does it work? Have you ever come across it?

3.Are there special rules against use of the bait–and–switch selling technique?

4.Can a consumer cancel a contract with a seller when the seller has used this technique?

5.What are loss leaders? Why are they used?

6.What other sales techniques do you know?

7.Which of them do you find effective?

Problem–solving:

Judy and her brother Ralph are shopping for a new motorcycle.

They see an ad in the Friday newspaper that says, “Come to Big Wheel for the best deals on the slickest wheels in town! This weekend only, a

250 cc street bike, only $1,395!”

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When they arrive at Big Wheel, the salesperson tells them that the street bike is not very powerful, tends to vibrate above 40 miles per hour, and is uncomfortable for long trips. He suggests that they test ride a 500 cc, four–cylinder motorcycle on sale this weekend for $2,795.

Role–play this encounter.

a.What is the best way for a customer to handle an aggressive seller?

b.Has the salesperson used the bait–and–switch technique, or was the advertised product a loss leader for Big Wheel? Give reasons for your answer.

c.Assume that Judy and Ralph arrive at the store on Saturday at noon and are told that all the 250 cc cycles have already been sold. Do they have a right to buy one at the advertised price?

Read and translate the text.

Millions of consumers shop by mail. Mail–order shopping is convenient. Items may cost less, and some items may be available that are not available in local stores. However, mail–order shopping can also cause problems. Mail–order packages can arrive late, broken, or not at all.

According to federal law, you have a right to know when you can expect merchandise to be shipped. Sellers must comply with the promises in their ads (such as “will be rushed to you within a week”). If no shipping date is stated, the merchandise must be shipped within 30 days of the

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seller’s receipt of your order. If the seller does not ship within 30 days, you have the right to cancel the order.

The Federal Trade Commission monitors compliance with the mail–order rule. This rule does not apply, however, to purchases made by telephone. With several cable television channels offering extensive opportunities for telephone shopping, some state legislatures are considering whether additional consumer protection laws are needed regarding home shopping.

Consumers should watch out for ads sent through the mail offering “free” items in exchange for subscriptions or memberships.

Offers of free items almost always require a commitment to purchase other items in the future (for example, “four free books now if you purchase four more during the next year at the members’ price”). Book and recording clubs often mail catalogs to members on a monthly basis.

ADVICE

Carefully read the product description.

Be certain that the order form is filled out correctly and that all required information is provided.

Pay by check or money order. Never send cash.

Keep a copy of the order blank, the seller’s name and address, and the date you sent in the order.

Note the promised delivery time.

Carefully inspect all mail–order packages upon receipt to be sure that nothing is missing.

Find the equivalents of the following words and expressions in the text.

Покупка товаров по почте; вызвать проблемы; доставить покупку; выполнить обещания; расторгнуть заказ; следить за выполнением правил торговли по почте; широкие возможности; быть осторожным; предлагать «бесплатные» товары; обязательство купить другие товары в будущем; бланк заказа; по получении.

Answer the questions:

1.Why is mail–order shopping convenient?

2.What problems can mail–order shopping cause?

3.What right do you have according to federal law?

4.How quickly must the goods be shipped if no shipping date is stated?

5.Who monitors compliance with the mail–order rule?

6.Does this rule apply to purchases made by telephone?

7.Why should consumers watch out for ads sent through the mail

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offering “free” items in exchange for subscriptions or memberships? Have you ever received such ads?

8.Why is it not a good idea to send cash?

9.Why is it recommended to inspect carefully all mail–order packages upon receipt?

10.Have you ever bought anything by mail?

Read and discuss the following text:

The Electric Knife

One day, Barry received a package in the mail containing an electric knife from the Super–Knife Corporation. A letter was enclosed that said he was getting the knife for a free 10–day trial. Barry used it once and then forgot about it. Three weeks later, a bill came for $39.95 Must Barry pay?

Barry does not have to pay for the knife, nor does he have to return it. Under federal law, all unordered merchandise received by mail may be kept as a gift. Sending unordered merchandise is unlawful, and such activity should be reported to the U.S. Postal Service or the Federal Trade Commission. It is lawful to send free samples and to ask for charitable contributions, but the receiver of the goods cannot be forced to pay.

Problem–solving:

Shannon receives a mailing announcing a special introductory offer for persons who join a popular music club. As part of the promotion she can get six cassettes for only $1, plus shipping. In smaller print the offer says that she will also be required to purchase at least three cassettes per year for two years. The additional cassettes are sold at the club’s regular members’ price, plus shipping.

The club publishes a catalogue of new releases every other month. The catalogue is mailed to each member with one cassette preselected. A member who does not want that cassette must return a card to the company within two weeks of receiving the catalog. Otherwise the cassette will automatically be sent.

a.Is this mailing legal?

b.If Shannon takes advantage of this introductory offer, how many cassettes will she have to purchase?

c.What are the advantages and disadvantages of membership in this club?

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Match the words on the left with the correct definition on the right:

Read and translate the text.

A contract is an agreement between two or more persons to exchange something of value. In a contract, each person is legally bound to do what is promised. If one party to a contract does not carry out the promise, the other party is entitled to a remedy.

The law of contracts reaches into many aspects of our daily lives. To protect yourself as a consumer, it is important to understand how contracts are formed and how they affect your rights.

Elements of a Contract

A legally binding contract must have certain elements. There must be an offer by one party and an acceptance by the other. In addition, the two parties must agree exactly to the terms of the contract. This is called mutual agreement. To have mutual agreement, the parties do not always have to say “we agree.” The law infers agreement from certain actions, such as signing a contract or beginning to carry out the terms of the bargain.

In every valid contract, there must also be an exchange of consideration. This means something of value is given for something else of value. For example, when you buy an item at a store, your consideration is the money you pay, and the merchant’s consideration is the item you are buying. The values of the items being exchanged do not have to be the same. The law allows consumers to make both good deals and bad deals.

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People entering into a contract must be legally competent to make contracts. This means they cannot be mentally ill or intoxicated. Also, agreements to do something illegal or against public policy are not enforceable in court.

If Lorenzo says to Sally, “I will sell you my motorcycle for $150,” this is an offer. If Sally says, “OK,” if she pays the $150 to

Lorenzo, or if she signs an agreement to pay $150, there is an acceptance. They have agreed to the exact terms. The motorcycle being exchanged for the money is the exchange of consideration. Both parties are competent, and the agreement is not illegal or against public policy. Therefore, a contract has been made.

You should not be too quick to enter into a contract. Be sure you understand and agree with all the terms before you accept; otherwise, it may be too late to back out of the deal.

Minors and Contracts

A minor is a person under the age of legal majority (18 in most states). Minors may make contracts. However, as a general rule, they cannot be forced to carry out their promises and may cancel or refuse to honor their contracts. Minors who cancel contracts usually must return any goods or consideration still in their possession. This rule is designed to protect minors from being taken advantage of because of their age and lack of experience. However, minors may have a tough time getting credit because of this rule. Many stores require minors to have a parent or other adult cosign any major contract. The adult cosigner is responsible for making payments if the minor backs out of the deal.

Minors may, however, be held to contracts that involve necessities, such as food, clothing, shelter, or medical aid. Minors can be required to pay for the reasonable value of such goods and services.

In most states, a minor who continues making payments on a contract after reaching the age of majority is considered to have ratified the contract. Once the contract has been ratified, it can no longer be canceled.

Find the equivalents of the following words and expressions in the text.

Выполнять обещание; затрагивать чьи–то права; условия контракта; взаимное соглашение; подразумевать; компенсация; дееспособный; заключать договор; уклониться от сделки; совершеннолетие; выполнять условия контракта; защитить

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несовершеннолетних; лицо, подписывающее контракт вместе с другим лицом; медицинская помощь; ратифицировать контракт.

Answer the questions:

1.What is a contract?

2.What happens if one party to a contract does not carry out the promise?

3.Why is it important to understand how contracts are formed and how they affect your rights?

4.What are the elements of a contract?

5.What is mutual agreement?

6.What is an exchange of consideration? How does it work? Give your own example.

7.Why must people entering into a contract be legally competent?

8.What kinds of agreements are not enforceable in court?

9.Why shouldn’t you be too quick to enter into a contract? Why is it important to read a contract before signing it?

10.Can minors make contracts? What is special about such contracts?

11.What is an adult cosigner responsible for?

Problem–solving:

1.Keith, 16, a drummer in a popular band, goes to a local music store to purchase a new set of drums. The drums cost $750. He offers to put down $150 and make monthly payments on the remaining amount. Because Keith is only 16, the manager of the store refuses to sell him the drums. Is this fair? Is this legal?

2.For each of the following situations, decide whether a contract has been made. Give your reasons.

a. An auctioneer says, “What am I bid for this antique sofa?” Someone in the crowd says, “$300.”

b. Adam says to Basil, “I’m going to sell my car for $500.” Basil replies, “All right, here is the money. I’ll take it.”

c. The citizens of a small town collect $1,000 and offer it as a reward for the capture of a suspected criminal. The sheriff captures the suspect and seeks the reward.

d. Sara’s father promises to pay her $1,000 when she turns 18. On her 18 birthday, she seeks the money.

e. Standing at one end of a long bridge, Shelly says to Lynn, “I’ll give you $5 if you walk across the bridge.” Lynn says nothing but starts walking across the bridge.

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f. Liz offers Sharon $100 to steal four hubcaps for her sports car. Sharon steals the hubcaps, brings them to Liz, and asks for the money.

Match the words on the left with the correct definition on the right:

UNIT 16.

Written and Oral Contracts

Read and translate the texts.

Most contracts may be either written or oral (spoken). However, certain kinds of contracts must be in writing to be enforceable. These include contracts for the sale of land or real estate, contracts for the sale of goods priced at $500 or more, agreements to pay another person’s debt, and agreements that cannot be performed within a year from the date of the agreement.

The law favors written contracts. For your protection, it is always better to have a written contract. Otherwise, it can be difficult to prove that a party promised to do something. If there is a written contract, a court will not listen to evidence of promises made before the signing of the contract

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