2. Elements of a valid contract.

Key words: appointment, valid, offer, review, assent, consideration.

1. Before you listen the passage, talk about these questions.

1) What makes a contract valid?

2) Why do businesses need to rely on contracts?

Listening task.

2. Listen to the email and choose the correct answer.

1) According to the passage, what is Mr. Peterson’s contract about?

A an enforceable dispute

B an exchange of goods and services

C the need to sue

D an external dispute

2) Mr. Peterson wants to:

A give the contract more consideration

B meet with the other party

C accept the other party’s offer

D ask the lawyer to write a contract

3) To be enforceable, the terms of the contract must be:

A disputed C reviewed B exchanged D binding.

Email

To: Max Horowitz

From: Mary Wong

Date: June 5

Subject: Peterson Contract

Dear Max,

Mr. Peterson called today to ask about the terms of a new contract. He wants to assent to the other party’s offer. He’d like to meet with you before giving acceptance, though. He also wants to know if his company will be giving the right consideration in return for the other company’s consideration services.

The object of the contract is an exchange of goods and services between two companies. Mr. Peterson would like you to look at the contract to make sure that it is valid.

Above all, the terms should be binding. He wants it to be enforceable in case there is ever a dispute and they need to sue.

I have attached a copy of the contract here for you to review. Please let me know if you want to set an appointment with Mr. Peterson.

Best regards,

MW

Vocabulary task.

3. Write a word that is similar in meaning to the underlined part.

1) Write the detailed proposal by one party that can be accepted by another party and lead to a contract _ _ _ _ _ .

2) The lawyer says the contract is with legal force _ _ _ _ _ .

3) Mr. Bale requested a meeting at a specific place, time _ _ _ _ _ _ _ _ _ .

4) Is this contract imposing an obligation or duty? _ _ _ _ _ _ _ _ .

5) Ms. Dorton was ready to agree with what had been proposed. __ _ _ _ .

6) Did you carefully look at and think about the contract? _ _ _ _ _ _ _ .

4. Fill in the blanks with words below:

acceptance exchange object consideration terms

1. Employees _________ their services for a monthly salary.

2. The _________ of this contract is employee benefits.

3. Jane was ready to give her _________ of the contract.

4) Charles changed the _________ of the contract.

5) Besides an offer and acceptance, and an intention to create legal relations, a valid contract must have _________ .

Listening task.

5. Listen to a conversation between a legal assistant and a client. Then answer the questions.

1) What problem is Mr. Peterson having?

A His contract with his employee is non-binding.

B He has had an argument with another company about their contract.

C He wants to negotiate the terms of a new contract.

D He needs the lawyer to rewrite a binding contract.

2) The legal assistant suggests that the client ________ the contract.

A terminate C ask a lawyer to review B enforce D assent

6. Listen again and complete the conversation.

Legal Assistant: Hello, Mr. Peterson. How are you today?

Client: Hi, Mary. I’m all right. I’m afraid I’m having a 1 ________ with a partner company.

Legal Assistant: Sounds like bad news. Do you want to make a(n) 2 ________ with Mr. Horowitz?

Client: Yes. I need to make sure that the terms of our contract are 3 __________ .

Legal Assistant: You have a 4 ________ contract?

Client: Yes, but I don’t know whether it’s 5 ________ .

Legal Assistant: I see. Our office will go over it with you.

Client: The sooner the better.

Legal Assistant: Would you like to 6 ________ on Wednesday?

Speaking task.

7. With a partner, act out the roles below based on the previous task. Then, switch roles. USE LANGUAGE SUCH AS:

I’m afraid we’re having...

Do you want to make an appointment...?

Do you have a valid contract.?

Student A: You are a legal assistant. Ask student B about:

• contract-related problems

• validity of contract

• if contract is enforcable

Student B: You are having a contractual problem. Talk to Student A about it.

Writing task.

8. You are a legal assistant sending an email to an attorney about a contract-related question. Use the information from Task 7 to fill out the email.

What is the problem with the contract?

_____________________________

What is the object of the contract?

_____________________________

What does the client want the attorney to determine about the contract?

____________________________