7. Collocations with 'contract'

The noun 'contract' can collocate with any of the verbs below. Choose two verbs from each column and write six sentences to illustrate the meaning of these collocations.

to sign a contract to enforce to break / breach

to enter into to recognise to avoid

to make to interpret to cancel

to conclude to uphold to set aside

to be bound by to repudiate

8. Elements of a contract Speaking

Use Figure 7.1 to talk about the main elements of a contract. Begin the explanation of each element with a definition. Think how to link each prompt with the next. For example, you can say something like this: 'There are three points to remember about offers. First of all ... Secondly ... And finally ... '

E l e m e n t s o f a c o n t r a c t

FORM - generally not important - must be in writing: sale of land, leases of 3 years or more; insurance; loan and hire purchase; to buy shares, etc	OFFER - advert not offer but invitation to treat - can be made to person, group, whole world - if accepted, cannot be withdrawn
NO VITIATING FACTORS - illegality - mistake - misrepresentation - duress - undue influence	ACCEPTANCE - mirror image rule - must be communicated to offeror - by telex - when received - by post - when sent - offeree must know of its existence
CERTAINTY OF TERMS not vague or incomplete	CONSIDERATION - must have econ. value - need not be adequate - must be two-way, not gift - must not be in the past - must not be existing obligation - rights of third parties
LEGAL INTENT - contract must have legal consequences, not joke - business agreements - gaming and wagering contracts - domestic and social agreement	CAPACITY - persons of 18 and over - of sound mind - minors: contracts for necessaries, employment or training valid - void and voidable contracts with minors - contracts with mentally disordered and drunk

Figure

7.1 - Elements of a Contract

9. 'To force' or 'to enforce'?

a) Sometimes the meanings of these verbs overlap; for example, 'It is unlikely that a record company would enforce/force its views on an established artist'. But in legal English they are usually distinguished. Study the synonyms for each verb and work out the difference in meaning. Then complete the gaps in the exercise and say which synonym from the list could be used instead.

To force – make, compel, drive, coerce/ pressurise sb into doing smth, put pressure on someone.

To enforce – apply, implement, uphold smth.

1.If you don't comply I'm afraid we'll have to_______________ you.

2. Governments make laws and the police________________ them.

3. She claimed she was_______________ to take part in the robbery by her husband.

4.Women's organisations are trying to________________ the government to appoint more

women to senior positions.

5.If the seller breaches the contract at this stage, the buyer can have his property rights_______________ in court.

6.Parking restrictions will be strictly_______________.

7.It is obvious that where one party is_______________ to consent by threats or undue

persuasion by the other, that consent should be invalid.

8. He tried to keep the dispute out of court by________________ an arbitration agreement

in the franchise contract.

b) Make (or write out of an English-English dictionary) six sentences set in a legal context, illustrating the correct use of these verbs.