4. The Assumption of Contractual Obligations

^{► Ex. 1 . Restore the word order in the following statements.}

1) Contract law contracts made under voids duress. 2) Contract law unconscionable voids bargains. 3) Contract protects law minors. 4) Contract law incompetents protects. 5) Contract pro­tects law against the ill-considered assumption of contractual obligation. 6) Contract voids contracts to commit a civil law wrong.

► Ex. 2. Scan through the text. Work in pairs to question the text and to give answers.

Much of the law of contract is concerned with ensuring that agreements are ar­rived at in a way that meets at least minimum standards respect­ing both parties' understanding of, and freedom to decide whether to enter into, the transactions. Such provisions include rules that void contracts made under duress (illegal or unfair threats) or that are unconscionable bargains. Contract law holds protection for minors and incompetents. [Minor is someone who is below the age at which they become legally responsible for their actions. Incompetent is someone not having the ability or skill to do their job properly.] Contract law contains formal requirements protecting against the ill-considered (have not been carefully thought about) assumption of obligation. Thus, section 138 of the German Civil Code considers void any con­tract "whereby a person profiting from the distress, Irresponsi­bility, or inexperience of another" obtains a disproportionately advantageous bargain. [Distress is a feeling of extreme worry and unhappiness. Irresponsibility is the state of doing careless things without thinking or worrying about the possible bad re­sults. Inexperience is lack of experience.] By the law of contract certain agreements are illegal, for example, an agreement to commit a civil wrong or the assumption of a legally binding obligation to confer a gift of money upon another. Contractual obligations must not include or encourage secret illicit services.

Contractual obligations - контрактные обязательства; concerned - имеющий отношение; arrive at an agreement - прийти к соглашению; provisions - положения; void - аннулировать; недействительный; consider void - считать не имеющим силы; duress - принуждение; unconscionable bargain - незаконная сделка; mi­nor - несовершеннолетний подросток; ill-considered - необдуманный; profit - получить прибыль; distress - несчастье; irresponsibility – безответ­ственность; inexperience - неопытность; disproportionately - непропорционально; advantageous -выгодный; civil wrong гражданский - вред; confer -даровать; illicit - незаконный.

^{► Ex. 3. Agree or disagree with the following statements.}

1) Contract law annuls contracts made under compulsion.

2) Contract law cancels contracts made under legal or fair threatening.

3) Contract law encourages corrupt bargains. 4) Contract law protects those who do a lot of complicated, of- ten dishonest deals, especially in business or politics. 5) Con- tract law protects double-dealers. 6) Contract law requires pro- tection against the deliberate assumption of obligation. 7) Con- tract law considers legally valid any contract whereby a person profiting from the distress of another obtains a disproportion- ately advantageous bargain. 8) Contract law forbids bribes. ^{9) Contract law stimulates givers of bribes and takers of bribes.} 10) Minor is someone who is legally responsible for his or her actions. 11) Incompetent is someone not having the ability or skill to do their job properly. 12) Competence is a skill needed to do a particular job. 13) Distress is the state of being happy. 14) Responsibility is a duty to be in charge of or look after something, so that you make decisions and can be blamed if something bad happens.

► Ex. 4. Translate the following words and phrases from Russian into English.

Совершать; гражданский вред; юридически обязательный; даровать; контрактные обязательства; имеющий отношение к; обеспечивать; прийти к соглашению; уважать; положе­ния;

► Ex. 5. Complete the following statements. Choose one topic to speak about a) what contracts contract law voids; b) whom contract law protects. Retell the text The assumption of contractual obligations.

1. Contract law is concerned with ... 2) Contract law voids con­tracts ... 3) Contract law holds ... 4) Contract law contains ... 5) Contract law considers void ... 6) Contract law voids an agreement ... 7) Contract law voids the assumption of ... 8) Contractual obligations must not

► Ex. 1. Restore the word order in the following statements.

1) Contractual obligations of balance by unforeseen may be thrown out circumstances. 2) Contract law contractual obliga­tions to be allows readjusted. 3) Only are contractual obliga­tions under exceptional circumstances readjusted. 4) Contrac­tual obligations in the form of special legislation are usually readjusted.

► Ex. 2. Scan through the text. Work in pairs to question the text and to give answers.

The performance of contractual obligations. Contract law allows contractual relations to be adjusted when they have been thrown out of balance by unforeseen circumstances. The task of adjustment is include or encourage ...

► Ex. 3. Scan through the text. Work in pairs to question the text and to give answers.