Guide to Legal Contracts = Английский язык для юристов договорное право. Учебное пособие по английскому языку для студентов юридических вузов

Issue: Can Max sue?

In this case Max is a plaintiff and Amanda is a defendant. The facts of the case are as follows: the P. was walking down a street when he saw a car swerving toward the D. who was nearly hit by it. The P. threw the D. out of the way and was himself hit by the car. He suffered serious injuries. While in hospital, the P. was promised $10 000 by the D. for his efforts to save her. But when the P. got out of hospital the D. pretended that she did not know him and did not keep her promise. The issue raised by the case is whether the D. has grounds for a lawsuit.

The case applies to the law of contracts. In order to answer the question we need to determine if a valid and binding contract was formed by the parties.

First of all it is necessary to remember that in common law an agreement is not usually binding unless it is supported by one of the essential elements of a contract called consideration. It is also important that consideration in common law must meet certain requirements. One of them is that in order to be valid, consideration must not be past and must be given in return for the promise or act of the other party. If one party has completed performance before the other offered consideration, then it is unlikely that the earlier performance was done in return for that consideration. So we can come to the conclusion that the D’s promise to pay $10 000 is not contractually binding since the act for which it was made – rescue of the D. by the P. – has already been completed.

Answer: So, in my opinion, Max can sue but he will lose the case as there was no enforceable contract between him and Amanda and hence no grounds for a lawsuit.

Formation, Essential Elements and Classification of Contracts

1.  Facts: Moreland phoned Eagan, saying: “I’ll let you have my video cassette recorder for $150. Is it a deal? Eagan answered: “Sounds fair, sure. Bring it tomorrow.”

Issue: Was a contract made?

2.  Facts: John walked into a telephone booth, dropped some coins into the telephone and dialed a number. No words were spoken

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until the party answered. A conversation followed later between John and the party.Afew minutes later John hung up the receiver and left.

Issue: What kind of contract did John make with the telephone company?

3.  Facts: Patty, a minor, worked hard as a farmhand all summer and saved her money. In September, she bought a bicycle for cash. Patty rode the bicycle home.When she got there, however, her parents said it would be too dangerous to ride the bicycle on downtown streets as planned. Patty returned the bicycle and asked for money.

Issue: Was she entitled to a full refund?

4.  Facts: Collins orally agreed to buy a mini-warehouse from Stein. Over the telephone Collins then persuaded Keith to promise to lend $ 100 000 which Collins needed for the down payment on the purchase price.Amortgage (claim on the property) was to be given to Keith as security for the loan. Early the next day Collins was stunned when Keith said that the loan could not be made as promised.

Issue: Can Collins force Keith to make the loan? Is the sales contract with Stein enforceable?

Essential Elements of a Contract – an offer and an Acceptance

1.  Facts: Along a beach a child is swept out to sea by a sudden wave. The frightened mother screams out: “Save Timmy!” I’ll give you anything if you save him!” You swim and rescue Timmy. Then you ask for $10 000.

Issue: Is there a legal basis for collecting?

2.  Facts: Justin offers to sell his car, a black 1957 Lincoln convertible, to Matilda for a fair price.

Issue: Is that a valid offer that Matilda can accept?

3.  Facts: Arbus agreed to buy and Oaknoll, Inc. agreed to sell one lot from among the 200 lots in a large suburban subdivision. Arbus paid $1 000 as a down payment and was given a receipt. The lots shown on the preliminary plan were of various sizes, shapes and prices and no particular lot was specified in the agreement of Arbus and Oaknoll.

Issue: Was either party bound by the agreement?

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4.  Facts: Julia was engaged in an animated conversation with four other students on the steps of their high school. When the bell called them to class, Julia absent-mindedly left her bag behind. The bag contained a pocket computer and other valuables. After class she posted an ad on three bulletin boards, offering $15 to anyone who would return the bag. Ms. Lehman, one of Julia’s teachers who had not seen the ad, found the bag and returned it.

Issue: Is she entitled to the reward?

5.  Facts: On May 20, Bob offers Gina his prize racing donkey for a below market value price of $ 2000. Gina takes no action. On May 21, Bob talks over the offer with his stable boy and the boy says that Bob should have asked for much more money. Bob shouts: “You are right – I hereby revoke my offer!”

Issue: Can Gina still accept the offer?

6.  Facts: On October 10, the Marco-Mercantile Bank sent a letter to Boggs, who had applied for a loan. In the letter, Marco-Mercantile offered to lend $ 50 000 on specified terms and stated that the acceptance had to be received no later than October 18. Boggs posted an acceptance on October 17, but the letter was delayed and did not arrive until October 20.

Issue: Was there a contract?

7.  Facts: Kelsey offered to sell Reynolds a bicycle for $60 but Reynolds replied, “No, too much.” The next day, Reynolds called Kelsey and said, “I’ve changed my mind. I’ll take your bike for $60.”

Issue: Was a contract formed?

9.  Facts: Haviland wrote to Smith offering a 40 – unit apartment building for $1 300 000. Smith replied by telegram, offering to pay $1 200 000. Haviland rejected this offer. Smith then wrote a letter saying, “OK. It is daylight robbery, but you have a deal. I will pay $ 1 300 000 as you demand”.

Issue: Was there a contract?

10.  Facts: Peters offered to build 20 concrete mini-storage warehouses on Vinton’s land at a fixed price of $ 7 770 each. Two weeks later as before Vinton had accepted the offer, the price of concrete mix and steel bars had grown up by 10 percent. Peters telephoned Vinton and said he would have to boost the price of each unit by $500.

Issue: Can Peters change his offer without liability?

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11.  Facts: Schneider offered to sell his motor boat to Nuncio for $28 000 but specified that the entire amount was to be paid within 30 days. Nuncio accepted the offer but changed the terms to $8 000 down and the balance in 20 equal monthly payments with interest at 10 percent a year on the unpaid balance.

Issue: Did these changes affect the acceptance?

12.  Facts: Jones, an art dealer, wrote Walcott, “I understand you are interested in selling your four-panel Chinese lacquer screen. I sold it to you in 1990 for $ 500 and said it would go up in value. Now I offer to buy it back for $2000. Unless I hear from you to the contrary, I’ll send my truck to pick it up next Monday morning. The driver will bring my certified check for the full amount.” Walcott did not reply.

Issue: Is he bound by the contract?

Essential Elements of a Contract Consideration

1.  Facts: The people next door plan to go abroad for two weeks. They promise to pay you $ 60 if you take care of their garden and pick up their mail and newspapers while they are away. You agree.

Issue: Is this a contract? Do both you and your neighbours give and receive consideration?

2.  Facts: As a college graduation present, an aunt promises to give Eileen two tickets for a Caribbean cruise with a friend of her choice.After the graduation ceremony, her aunt gave her a kiss instead and said: “The stock market is down. Sorry, darling!”

Issue:Although not likely to do so, could Eileen successfully sue her aunt for breach of contract?

3.  Facts: George contracts with Harry to buy his car for $ 500. George tells Harry that he will be back with the money tomorrow to conclude the sale of Harry’s car. Harry says OK, he will consider it sold to George. George then sells his car at a loss in order to obtain the $ 500 for Harry’s car. He returns the next day and Harry has sold the car to someone else. George sues.

Issue: Is there a contract? Does George have legal grounds for his suit?

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Vitiating Factors

1.  Facts: Jon tells Jerry that he would like to buy his collection of Beatles records which he saw one day when he visited Jerry’s house. However, those records belonged to someone else and in fact Jerry only owns 3 Beatles records. Jerry agrees and when they attempt to exchange money for the collection. Jon informs Jerry that he expected a much larger collection.

Issue: Can the transaction be voided?

2.  Facts: Ursula is shopping in a rare books store and notices a first edition of Harper Lee’s “To Kill a Mockingbird” for sale. The price tag says $100 but the book is certainly worth close to $ 1000. Ursula purchases the book for $100 and the store sues her, claiming that it was a palpable mistake – i.e. she should have known the price was incorrect.

Issue: Can the store void the contract?

3.  Facts: In the city there were two streets with the name of “Highland”. Fisher owned the lot located at 231 Highland Avenue. Neece, who lived in New York City, wanted to buy the lot located at 231 Highland Boulevard. He wrote Fisher, “offering to buy your lot on Highland” on specified terms. Fisher promptly mailed his acceptance of the offer.

Issue: Was there a contract?

Performance and Discharge

1.  Facts: Sam contracts with Willa to build a garage next to her house. The cost is $10 000 and Willa pays a $ 2 500 deposit with the balance due upon completion of the work. Sam begins work on the garage. Whilst Sam is at Willa’s house, the Sheriff arrives to post an eviction notice on Willa’s door. A few hours later, a tow truck arrives and tows away Willa’s car. Sam begins to wonder if Willa will be able to pay him for his work.

Issue: Can Sam treat this as anticipatory repudiation and stop working on the garage?

2.  Facts: Junior owes creditor Iba $ 1000 which is due and payable on June 1. Junior has been in a car accident, has missed a great

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deal of work and consequently will not have funds on June 1. Junior’s father, Fred, offers to pay Iba $1100 in four equal installments if Iba discharges Junior from any further liability on the debt. Iba accepts.

Issue: Is this transaction a novation or an accord and satisfaction? Explain.

3.  Facts: Leo, the lion tamer, contracts with the Bailem Circus to give a performance on December 15. In preparation for the event, Leo is practicing with the new lion affectionately known as the Killer. Seizing on an opportunity to escape to freedom, Killer leaps over Leo to reach an open door. Leo fires his tranquilizer gun at Killer to stop him but the gun backfires and shoots Leo, killing him with the potent poison. Bailem Circus sues Leo’s estate for $ 1 000 000 in lost profits from the cancelled show.

Issue: Is Bailem Circus entitled to damages?

Remedies

1.  Facts: Sophia owns a factory that produces microchips that are then sold to major manufactures like Dell and Apple. She produces 1000 microchips per day and sells each for a profit of $25 (a total daily profit of $25 000). Her central assembly line breaks down on May 1. She contracts a repair service and explains to them that she cannot produce any microchips without the assembly line working. They agree to fix it for $ 50 000 within 3 business days. It is not fixed for 6 business days.

Issue: Can Sophia sue for damages? How much?

2.  Facts: Every homeowner in the Putnam County, Indiana, subdivision of Stardust Hills must be a member of the Stardust Hills Owners Association, Inc., and must pay annual dues of $ 200 for the maintenance of common areas and other community services. Under theAssociation’s rules, dues paid more than 10 days late “shall bear a delinquent fee at a rate of $ 2 per day”. Phyllis Gaddis owned a Stardust Hills lot on which she failed to pay the dues. Late fees began to accrue. Nearly two months later, the association filed a suit in Indiana state court to collect the unpaid dues and the late fees. Gaddis argued in response that the delinquent fee was an unenforceable penalty.

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Issue: What is the status of the fee? Should the association’s rule regarding assessment of the fee be enforced?

3.  Facts: The Kilarjians bought the Vastolas’house. The Vastolas refused to deliver the house upon the conclusion of the contract. The Kilarjians sued for specific performance.

Issue: Is the equitable remedy of specific performance available for real property in case of lack of performance regardless of the reason?

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LIST OF REFERENCE BOOKS

1.Англо-русский полный юридический словарь / Comprehensive English-Russian Law Dictionary / А. С. Мамулян, С. Ю. Кашкин;A. Mamulian, S. Kashkin. М., 2005.

2.Большая юридическая энциклопедия. М.: ДиректМедиа Паблишинг, 2006.

3.Гражданское право: учебник. Том I / под ред. О. Н. Садикова. М.: КОНТРАКТ: ИНФРА-М, 2006.

4.Стрекалова К. В. Law of Contracts / Всероссийская академия внешней торговли Минэкономразвития России. М.: ВАВТ, 2021.

5.Encyclopedia of business and finance / Burton S. Kaliski, edi- tor-in-chief. 2nd ed., 2001.

6.Day J. International Legal English. Teacher’s Book / J. Day, A. Krois-Linder, TransLegal. Cambridge: Cambridge University Press, 2006.

7.Duxbury R. Contract Law. 6th ed. Thomson, 2001.

8.Introduction to international legal English : a course for classroom or self-study use. Student’s book by Krois-Lindner, Amy. Cambridge ; New York Cambridge University Press, 2008.

9.Law in Business. 2000. № 1.

10.LongmanAdvancedAmerican Dictionary. Longman, 2000.

11.Attree R. A Specially Commissioned Report International CommercialAgreements 2002.

12.Stone R. The Modern Law of Contract. 5th ed. 2002.

13.The encyclopedia ofAmerican law / ed. by D. Schultz, 2002.

14.West’s Encyclopedia of American Law / J. Lehman, editor, S. Phelps, editor. 2nd ed.

15.https://thebusinessprofessor.com/en_US/122296-law-transac- tions-amp-risk-management-commercial-law-contract-payments-se- curity-interests-amp-bankruptcy/enforceable-vs-valid-contracts

16.https://www.legalmatch.com/law-library/article/void-vs-void- able-contract-lawyers.html

17.https://www.upcounsel.com/features-of-a-valid-contract

18.https://keydifferences.com/difference-between-ex- press-and-implied-contract.html

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