Учебник для магистрантов

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Are you the right person to talk to?

There appears to be a small problem with the documents.

There appears to be a mistake on the contract you’ve sent to us.

You seem to have forgotten the attachment.

Clarifying the problem

What is the problem exactly?

Could you explain the problem in more detail?

Apologizing

I'm very/extremely sorry about that.

Please accept my apologies.

That's entirely our fault.

There must have been a mix-up.

Taking action

It's good that you've brought this problem to my attention. This is what I'll do.

I'll make sure it gets sorted out straight away.

Let me put you through to our legal department. They'll sort it out for you.

Reaching agreements

Making proposals

I wanted to make a suggestion.

I have an idea.

What do you think?

How does that sound?

Interrupting

Sorry, can I interrupt you there?

Yes, yes, but can I just say something?

Well yes, that may be true, but...

Can I just come in here?

Can I just stop you there?

Reacting to proposals

That sounds feasible/very reasonable. We could probably work with that. That depends. /That's difficult to say. I don't think that would be possible.

I think we have a certain amount of room to maneuver, but I would have to check with my superior first.

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EXERCISES

Exercise 1.

Put the words into the correct order to make phrases that are frequently used in telephone conversations.

1.Have/meeting/something/I/to/up/has/our/cancel/come/so/afraid/I’m.

2.The/losing/listen/connection/I’m.

3.If/have/wondering/meet/to/time/was/I/you/week/might/next.

4.Last/didn’t/sorry/I/part/the/catch/you/please/repeat/could?

5.I/sure/let/got/make/right/me/that/just/that.

6.But/I’ve/you/it/can/I/your/got/think/number/give/to/again/me/case/in/just?

7.Entirely/I’m/sure/not/I/can/you/to/back/on/get/that?

8.You/like/wait/to/would/I/ask/to/you/back/call/shall/or/him?

9.Call/yesterday/returning/from/your/I’m/just.

10.Please/up/a bit/you/speak/could?

Exercise 2.

Read a short extract paying special attention to the words in bold. Then fill in the gaps with these words in the sentences below.

If you want to call somebody in a company, you pick up the phone and hearing the dialing tone you start to dial the number on the keypad. If you don’t know the person’s direct line number, you may dial the number of the company’s switchboard. Then one of the following things may happen:

The number rings but there is no answer.

You hear the engaged tone because the person is already talking on the phone.

In this case you’d better hang up and try again later.

You get through but not to the number you wanted. The person on the other side of the line usually says that you have dialed the wrong number.

The operator answers, you ask for the extension of the person you want to speak to.

You are put through to the wrong extension. The person offers to transfer you to the right extension, but you are cut off – the call ends.

The person you want to speak to is not at the desk and you leave a message on the voicemail. You ask him to call you back or to return your call.

1. Call me at the office tomorrow. My __________ line is 8495 784562134.

If I’m not there, leave a ___________ on my ____________ and I’ll call you

________ when I get it.

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2.All international lines are __________. Please ____________ up and try again later.

3.‘Could I speak to Ms Wells, please?’ – “Oh, I’m sorry. She is not on this

__________ ; she is on 345. I’ll put you through to the main _____________.

Just ask the ___________ to transfer you to the Legal Department.

4.“Good morning. Theatre ticket hotline. How can I help you?” – “Oh, I think

I have dialed the ______________.

5.Hello, could you check a number for me? I was talking to someone there but I was ___________ off. When I’m calling, I just get the __________ tone.

6.“Could you help me to make a phone call to Germany, please?” – “Certainly, sir. Just ________ up the phone and _________ 9 to get a line.

When you hear the __________ tone, dial 00 33 and then the number you want in Germany’.

7.This is Credit Card helpline. To check your balance, please press 1 on your

_________. To make a payment press 2.

8.I got your message yesterday but I was too busy to _________ your call.

I’ll call ______ later, when you are at your desk.

Exercise 3.

The sentences in this conversation are in the wrong order. Number them in the correct order. The first one has been done for you.

___ I’ll sign them this afternoon and send them back to you.

___ Hello. My name is Mary Wells. I’d like to speak to Peter Sherman, please.

__1_ Good morning. Legal Services. How may I help you?

___ Hold the line, please. I’ll see if he is in.

___ Great. Thanks a lot.

___ (pause) Hello, Peter Sherman speaking.

___ Mary Wells and I would like to speak to Peter Sherman.

___ Hello, this is Mary.

___ Sorry, I didn’t quite catch this.

___ Hi, Mary. How are you doing?

___ Ok, busy as usual.

___ Fine, thanks. And you?

___ Yes, they came this morning, but I haven’t signed them yet.

___ I’m just calling to find out if you’ve received the copies of the contract.

___ Ok, there is no rush.

Exercise 4.

(A) Use phrases which are typical of telephone conversations to answer the following questions. Sometimes variants are possible.

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1.How could you explain to your colleague why they couldn’t reach you on your mobile phone when they tried to?

2.How could you tell someone you’re speaking to on a mobile phone that the signal is very bad and you have difficulty understanding what they are saying?

3.How could you ask someone to speak louder because there’s a lot of background noise?

4.How could you ask someone to give you their mobile so that you could make a phone call because you haven’t charged up yours?

5.How could you ask someone to wait and not to put the phone down while you have to interrupt the call for some reason?

6.How could you ask somebody who has called you at the inconvenient time to call you later once again?

7.How could you ask someone to say the last phrase once again because you didn’t understand it?

8.What would you say to your colleague if you realized that you can’t meet them as it has been arranged?

9.What would you say to someone if you wanted to arrange a meeting with them?

10.What would you say to someone who has just called to your office and wants to speak to your colleague who isn’t at his/her desk?

(B). Work in pairs. Make a list of questions as in 4 (A) to practise vocabulary used in telephone communication. Use useful phrases and vocabulary bank.

Ask your partner these questions. Answer your partner’s questions.

5. During a telephone conversation you may need to dictate dates, phone numbers, e-mail addresses or spell the names.

Practise saying the following.

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Exercise 6.

Study the following role cards and get ready to reproduce the telephone conversations.

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UNIT 4

Lead in:

Before reading the text please answer the following questions:

1.What sections must be included into a contract?

2.Who has a right to enter into a contract?

3.What contract validity period is considered to be the most common in Russia?

4.How many copies of a contract are to be made?

Text 1

Contracts

A contract is a legally binding exchange of promises or agreement between parties. Almost everyone makes contracts every day. Sometimes written contracts are required, for example when buying a house. However, the vast majority of contracts can be and are made orally, like buying a text book, or a coffee at a shop.

A valid contract must have several elements, a set of clauses named terms defining the exact set of promises agreed to. Perhaps the most important feature of a contract is that one party makes an offer for a bargain that another accepts, then offer and acceptance take place. This can be called a 'concurrence of wills' or a 'meeting of the minds' of two or more parties. Consideration is something of value promised to another party when making a contract. It can take the form of money, physical objects, services, promised actions, and much more. Consideration need not be adequate, which means courts generally do not look to the value parties place on things contracted for, thus agreeing to buy a car for a penny may constitute a binding contract. Both parties must have the "capacity" to understand the terms of the contract they are entering into, and the consequences of the promises they make, in other words to be competent parties. For example, animals, minor children, and mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable. The contract must have a lawful purpose or proper subject matter. A contract to commit murder in exchange for money will not be enforced by the courts. It is void ab initio, meaning "from the beginning." Both parties must have an equal right or mutual right to remedy upon breach of the terms by the other party. Both parties must have some obligation to fulfill to the other, so called mutual obligation to perform. This can be distinct from the consideration, which may be an initial inducement into the contract. Intention to create legal relationship is also essential as there is a strict presumption for

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commercial agreements to be legally bound. Domestic and social agreements are usually unenforceable.

Breach of contract is recognized by the law and remedies can be provided for parties to a contract. A breach of contract is a failure to perform as stated in the contract. There are some ways to reimburse a breached contract assuming it has not been performed: seeking for damages, specific performance and injunction.

According to the common law, damages are categorized into compensatory (or actual) damages, and punitive damages. Compensatory damages are paid as a restitution for loss, injury, or harm suffered by a non-breaching party. In contract law the term “expectation damages” is often used as well. Punitive damages are used to punish the party at fault. These are not usually given regarding contracts but possible in a fraudulent situation. The court may make an order of what is called "specific performance," requiring that the contract be executed. In some circumstances a court will order a party to perform his or her promise (an order of "specific performance") or issue an order, known as an injunction, that a party refrain from doing something that would breach the contract.

Text 2

Drafting a contract

In the process of co-operating with people who do not speak Russian one of the problems occurring is to draw up a contract in English. You can hire translators or download the contract from the Internet. It is common for contracts, or some parts of them, to be built from earlier contracts – so if you are working as a paralegal then it is worth checking through files for similar cases that might have involved similar contracts. When designing your own agreement try to follow these steps. Once the elements mentioned in the Text 1 have been fulfilled, you can start drafting your own agreement. There may be different amount of sections and subsections included in an individual and particular document but there are some basic clauses typical and obligatory for every binding agreement. Use this more or less universal structure for all kinds of contracts.

Step 1

The first section should contain the names of the parties entering into the contract. There will be a general statement that the parties intend to enter into an agreement. Use their full names and include their addresses. Then accompany this information with an expression like “The parties agree as follows...” This sentence lets readers know that the specific contract clause terms will follow.

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Step 2

The next section should contain a statement of what the consideration is that each party is offering in exchange for their performance under the contract. That would be the amount of money, goods or labour etc.

Step 3

The next section should contain any additional conditions that are important to the satisfactory completion of the contract for both parties. In the case above (mentioned in the Step 2 section), that might be the use of certain brands of paint or that the work is to be done during certain hours etc.

Step 4

Next, you should include a statement of what the consequences will be if one or both parties breach the contract. In other words, what happens if they don’t do what they promised. That might be a penalty for finishing the job late, or a delay of the start of work until payment is received. It could also include a statement that either party has the right to pursue any legal remedy available under the law of the jurisdiction of

____. (The jurisdiction where the contract was entered into or chosen jurisdiction for which the law will apply). Nowadays the Force-majeure clause is referred to as essential and even compulsive so you’ll never take a false step adding such a clause into the contract.

Step 5

There should be a statement that the contract contains all the terms and agreements of the parties, and that the agreement is binding on their heirs, executors, administrators, successors and assignees. This protects both parties from the other stating that there was more to the agreement that what was written. It also helps to protect them from not being able to collect what is due under the contract if the other party dies or sells their interest in it. This provision is often known as the merger clause, the parole evidence clause, the integration clause or the entire agreement clause.

Step 6

Finally, both parties must sign and date the contract. Include a Space for Signatures. End the document with lines so that each party can sign it. It is also useful to have witnesses sign the contract, or to have the signatures notarized in case there is ever a dispute as to who signed the document. If you are signing on behalf of a business entity, you should state your capacity to show you have authority to enter into the agreement. For example, President, CEO, Purchasing Manager etc. Both parties

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should review the document and take time to make any clarifications if necessary before signing it.

Text 3

Special Instructions

1. Use Clear and Concise Language

Be clear and precise with your language when writing a contract. Legal contracts do not require any “magic” words or phrases, but ambiguity and vagary will create unnecessary hurdles to enforcing the agreement if problems arise. The language of the contract does not need to be beautiful, it must be effective. And remember you are mostly making up a contract not for lawyers but for those who do not have legal knowledge.

2. Vocabulary Focus

Special attention has to be drawn to the fact that the seller and the buyer in the contracts are indicated by the words Seller, Sellers, Buyer, Buyers with or without an article. Words Seller (s) and Buyer (s) are written with a capital letter, and in the introductory part of the contract Seller (s) and Buyer (s) are put in quotes.

Nowadays the usage of some “archaic” words like hereto, hereafter, thereof etc. is sometimes criticized. According to Lord Harry Woolf (Former Lord Chief Justice of England and Wales, 2000-2005), these words are not key values for the document; having avoided such word forms, you do not even need to look for an equivalent to replace them. But anyway they characterize the contract style and make it so special and recognizable. Here are some of them:

One of the specific features of a contract designed in English is the use of modal verbs, e.g. “shall”, which is rarely used in modern plain English, but is widely used in business correspondence and business documents. For example, such expression