Contents

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Unitr

; r a . * " * " 1 " * * * f i: l-" r-""* rvvurrcr' ; ; ; - . *.-i programme jjicoursesi

ispeaking
i wrltlng

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2 Graduate

i shortemat
' 1 Lawfirms and
I uvurses

, Language use:

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Comparative

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, speaking

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i

i ' Text anarvsis: structurins a presentation

I

andluperrative rorms

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j 2 Learningapproachesi i presentation l i J3 Presentation I

j contracta w i c o n t r a c t faw i 2 RRemedies l 2 e m e d i e sror for '

page 18 i

l tir"ii'|r f ^ , , i ^ ^ i rm.;r^ i' ffy"t" breach contract . giving of , " exptanations ;;;;;"""" "0",." I ' Text analysis: Email advice 3 contract of crause I z contract tecture; j taw iti#i-",.n" j 3 Conditions ano i ^ .-- .:. i " 2 summarsinethe . ;;;;;;i;;'

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ctariricationfli_^ clarificatronano

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j . n"r rerms Defamation 2: , lryarinq. 1 Casediscussion

?legatons

made

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2 Frivolous lawsuits interview

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inci{ar ^^^ri^i unO ^ p.'i""""' ^ insiderOeufin!^-r I Z -----* marketabusJ ; j

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Lst century

Letterof advice i Letter of advice

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i i I ' i speaking , , 1 Whte_collar crime i 2 Short presentatoni ' I 33 R n l a - n t a . , . 6 A , , i ^ ; - Rote_ptay: advising ji . . , i -,::]i"nt

constructons constructons Keyterms 1: Punsnments Language 2: Tatking use aboutcause anolrct Keyterms 2: ldentitytheft l a n o r r a o a , ,use ^ r . : - , ^r. 3: Gving adviceand !::-tr-"g" expressing obligation
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49

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I companiesAct otipui. n., "- ^"' i ,6-

i 2 Role-plav: lawver- i auvntJges i'L'jfl:;l?,y^:" 'j.31ii:1i:.^anddisadvaniages r clientinterview ""Joi."i""?"e Key terms2: pubric rerations

Ad

Ca Ca Ca

{Jnit ilcommercialaw l;;;;fit;, wdtne commercial commercialtaw i 2 Commercial i. taw commercial ilil;; : 1 tcr law , commercial law fawyer , _ _-.terofapplication d;;;;, I uurueprs in commercial law concepts ln page60 internship Internship j 2 "n--oi.," i "' I Meeting with ,- ii^i, . Language use: Adverb functons 3 Rote commerciat corporaie of --'-'"' j vvu"J'' cunsel , Speaking :_:l:ti'y '
agents i 4 Commercial agencyI -l contract l j 1 lnternships I O D^r^ ^r^... ;2Role_play: j I
l

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An

Iext analysis:Letterof application for an internship

Glo

b TheCommercial i
r Agents(Council Directive) Regulations 1993

discussion options

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1 Realpropertylaw 2 Realproperty investment law 3 Drafttenancy agreement

1 Property-law presentation 2 Telephone enquiry: buy-tolet 3 Telephone enquiry: tenancyagreement

Writing Follow-up email Speaking 1 Giving to emphasis points important 2 UsingEnglish on the phone

Keyterms 1: Instruments and in real propertylaw Language use 1: Forming adjectives with negativeprefixes Language use 2: Formal/informal style: synonyms Keyterms 2: Buyingreal property Keyterms 3: Conveyancing Textanalysis: Telephone enquiries

pg Foeus Unty Langeraqe 8?

UnitI Litigation and arbitration page 83 1 Ltigation 1 Question-andand arbitration answersesston 2 Letterof invitation 2 Lawyer-client interview ltigaton 3 Avoiding 4 Cost of litgation 5 Letter beforeaction Writing 1 Responding a to letter beforeaction 2 Letterbeforeaction Speaking l- Talkon litigaton/ arbitration 2 Lawyer-clent interview Keyterms: Partiesand phasesin litigaton and arbitration Language use 1: Futureforms Language use 2: Formality legal in correspondence Language use 3: Establishing the facts
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Keyterms 1: Prepositions and orefixes Keyterms 2: Legalinstruments Language use: Explaining legal terms to non{awyers

paEe Feeu* Unit S l-anguaqe f. U n i t9 !ntefnational

law cEEe 94

1 International law 1 Listening CPD 1: seminar labour on 2 Developments EU in taw taw 2 Multiple 3 US patent laws jurisdictions 4 Microsoft v. AT&T

Wrting Follow-up letter Speaking 1 Debate 2 Defintions/Roleplay:explaining legalterms to nonIawyers

pascios Focus Unitg tar:guage

ro Unit
Gomparative page 106

1 Comparative law 2 Coursereader 3 Asset protection

1 Legaltranslation 2 lncompanycourse

Wdting Lettersummarising options Speaking 1 Comparing and contrastng 2 Advising asset on protection

. Language skills:Finding and choosng legalterms . Textanalysis: Discourse markersfor i text coheson i
' I

paqer!4 Fclrs Unitro l-anquaqe paqer5 ldditional material studyr: eontractlaw Bage ri8 Case studyz: fcmpany law pag*r:r: Case study3: l-itiqatenand arbitratiorl empl$y"rent eeeepasei3: law an Case paE*rz4 Ardio transcripts

! I I

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keypage r4n page Glossary r55

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A career law in

THE STUDY LAW OF

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Thestudyof law differs fromcountry country, mostlaw degree to programmest but inctude core[computsoryJ subjects whicha[[ students musttake.Which corecourses are typica[ yourcountry? longdoesit taketo comptete [awdegree? in How a
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K*{Rrnq & 1: c&reefl t&KJ tft

1 Read,nJ,"*, belowand answerthese ouestions. 1 Whichcoursesdo law studentsin the UK haveto take? 2 Whichoptionalcoursesmighta studentwho wantsto work in a big law firm take? The studyof law is intellectually stimulating and challenging, can leadto a and varietyof interesting careers. In the UK and the USA,law degreeprogrammes usually take threeyearsto complete. the UK,these programmes In typically include coresubjectssuch as criminal law, contractlaw,tort law,land law, equity and trusts, administrative law and constitutional law. In addition,studentsare often required take to coursescovering skills suchas legalwritingand legalresearch. Thereis also a variety optional(elective) of coursesavailable. Sincemany go on to becomelawyers, law students studentsoftentake coursesthat will be usefulto them duringtheir futurecareers. Someone wishing run a to small partnership to workaloneas a sole practitioner a smalltown may or in decideto take subjectssuch as family law, employmentlaw and housinglaw. Thosewishing work in a largelaw practicewill consider to subjects such as companylaw, commerciallaw and litigation and arbitration. Manyuniversities also offercourseson legalpractice. Courses likethis give students the opportunity experience work of a lawyer to the beforedeciding on a careerin the law.Another wayof findingout moreaboutlaw in practice is to get involved with a voluntary advicecentreor law clinic. Theseclinicsoffer free legalassistance the localcommunity to and provide usefulintroduction a to some of the day-to-day work of a lawyer. Forstudentswishing work in a commercial practice, to knowledge foreign of languages essential. is Whenlaw firms hire new recruits, theygenerally look personality, at four things:education, workexperience language and ability. SinceEnglish the language the international is of legalcommunity, firms law increasingly expectgraduates havea goodcommand English. to of

l.

programs 1US

are Readthe text againand decidewhetherthese statements true (T)or false (F). lf the statementis false, correct it. amongthe core subjectsat law I A coursein familylaw is usuallyincluded in the UK. schools skillsthat offercoursesin some of the important 2 Somelawdegreeprogrammes or lawyers needin orderto do theirwork,suchas legalwriting legalEnglish. to 3 Lawclinicsgive law studentsthe opportunity learnaboutthe legalproblems profession. of the medical fluent in English. law 4 Today, commercial firms expectrecruitsto be completely you Whenyou recordvocabulary, shouldtry to writedownas manycollocations as you can, and not onlysinglewords. with the words legal (e.9. legal writin$ and law (e.9. Iaw How manycollocations firm) can you find in the text?

and I: Speaking Lawfirnns courses

Lookat the sampleresponses. with a partner. 4 Discussthese questions 1 Whattype of law firm do you (thinkyou wouldlike to) work in? I'd. Ake o uoorko.s a sol*. prar)-onex,os l'd. pro+ro ba mg own boss. | t)k abt4 l,an {um woutd,be exdhng. 2 Whichoptionalcoursesare you taking/ did you take duringyourstudies? entn'L Lau. cnurse i.nnvionm lhls semestnx, l'm tnkrng an d.ecLt've tau schooL. I took caurso on human rnhLs Lan whn I was tn
q

Kearng Lourse 2: escnpilons

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unfamiliar often meansencountering texts in a foreignlanguage 5 Reading with a partner. words.Discuss these questions wordsin a text? 1 What is the best wayto deal with unfamiliar and discusshow usefulthey are. list 2 Readthe following of strategies What factors might affect the strategyyou use? $ words. Tryto understand new wordwith the help of surrounding the word in a dictionary. Lookup everyunknown lgnorethe unknown word and readon. Lookup some new words,ignoreothers. word:ask what part of speechit is (a noun or an Analyse unknown the for if adjective, example); it has a root or a prefix(Latinor French, for you understand if it has a positive negative it; or example) that may help meaning, etc.

the in Keepthese strategies mind when reading text on page10.

Unitr A career law in

6 Quickly readthe law coursedescriptions takenfrom a university website.lgnore the gaps for now.Do you think this universitv in the UK?Why(not)? is \

-:;- .r:-.*"'eS.g.#'w: &d, f -

f,irst-y*are&i c$esenptierr"xs rse lntroduction Law: to This course to familiarize student thestudy law;tobegin aims the with of thedevelopmentcertain of basic skills, such reading, as analysis synthesis legal and of decisions, andinterpretationstatutes; discuss of to fundamental aspects thelegal of process, howcourts elg. "make law"andthefunction thecourts of with respect statutory to law. 1) " " : This course covers fundamental the principles governing formation, the interpretation, performance, enforcementcontracts. addition, and of In special attention given is to therequirements of offer acceptance, and consideration, formal requirements, policy, public and theproblems choosing remedy case a breach. of a in of some attention also given the will be to Uniform Commercial Code. 2) " " " : Topics covered include liability intentional negligently for and caused injuries person property; liability; to and strict vicarious liability; ultra-hazardous actvities; products liability; nuisance; invasion privacy; of defamation; impact insurance risk the of and distribution uponliability; accident compensation damages; plans; losses. 3) """ " : This course presents basic the concepts criminal Crimes of law. against persons' property, public and administration covered, special are with emphasis placed upon thelawof homicide. 5*c*nd-yea co. descri:tons r rse Evidence: course I explore rules evidence theirrationale, This wif the of and including relevancy, hearsay, impeachment, cross-examination, opinions experts, and documents, privileges. and criminal Procedure: course cover Ths will regulation lawenforcement of conduct during the investigationcrimes, special of with emphasis constitutional statutory on and friuJonr. Topics include search seizure, and confessions incriminating and statements, electronic surveillance, entrapment, identification procedures, remedies improper and for police conduct. 4) " " : This course covers general the principles federal of constitutional law, including government authority itsdistribution and under constitution; judicial the the unction in constitutional powers cases; delegated thenational to government thereseived and powers the of states areas federal in of authority; intergovernmental relations; rights, privileges, immunities and under constitution; the national citizenlip;thecontract clause; federal the constitution the and amendments thereto. 5) : This course designed acquaint is to students thenature leqal with of research' Students analyze judicial will opinions; apply legal concepts rules; learn'correct and and legal citation use correct and of precedent. Special attention given themechanics legal ;s to of research, techniqueswritingmemoranda, briefs. the of and

7 Choosethe correcttitle for each coursein the catalogueexcerpton page L0. 1 2 3 4 5 Criminal / Crimelaw law Lawof the constitution Constitutional law / Contract / Contracting law law Legalresearch and writing Legalinvestigation writing and / Liability / Tortlaw law

8 Readthe excerptagainand answerthese questons. 1 Whichcoursecoversbasicskillsthat students needduring will their studies? 2 Whichcoursedealswith research writing and skillsneeded professional in life? 3 Whichcourseteachesstudentshowto cross-examine witness? a 9 underline threewordsyou do not know.Tryto guesstheir meaning looking by at surrounding wordsand analysing words. the 10 which of the coursesin the excerptare/wereyou required take in the law to you degreeprogramme are/wereenrolledin?

Lls{entnq Lawesurses 3:
Most universities offerlanguage now courses lawyers, in some for and countries these courses computsory. are Some courses [ega[ in Engtish focus the study Angtoon of American [ega[ systems associated and terminotogy. Others offera morepractical introduction the language to skitts lawyers needduring wi[[ theirfuturecareers. Youaregoing heara discussion to between law students, two Heidi fromGermany and Pave[ fromRussia. They each are spending semester a studying in Engtand are law and discussing English the courses wererequired takeas partof the tawdegree they to programmestheirrespective in countries. 11 (r.r Listento the discussion and tick(/) what each speakersays helshe did on his/herlegalEnglish course. Heidi'scourse (Speaker1) workedon writingskillsfor lawyers I practised legalresearch skiils I learned aboutother legalsystems I studiedterminology I gave presentations f practised speaking aboutown tegalsystem I Pavel'scourse (Speaker2) I I I I I I

lotE

1 2 3 4 5 6

L2lit.t Listen the conversaton to againand then discuss with a partnerwhch course(Heidi's Pavel's) or most resembles yourexperience legalEnglish of so far.

Unitr A career law in

LmrNgaxmwffi as*: fl*r*pmrat$ws saaper&m6w* amd f*rms

13 Thetwo law studentsin Listening Heidiand Marc,compared legalEnglish 1, the coursestheytook at their universities. Lookat these sentences from the dialogue (1-9) and matchthem with the rules regarding use of comparative superlative the and forms (a-h). some exampres may matchwith morethan one rure. People herespeakvery quickly, whichmakesit harderto understand. But now it's much easler- lcan understand almosteverything. That's more difficult for me than understanding what peoplesay. Yes,I think wrting's hardestthingto do in English. the Ourcoursewas morepracticat- we workedon the language skillsthat lawyers need. We didn't reallywork on speaking skills,though;it was more important present to the terminology. 7 Thatwas definitely most usefutthing did. the we 8 lt soundslike yourcoursewas better than mine. 9 | don't know if it was better,but it was certainlymore tanguage-based more and skills-based. a Adjectives with one syllable form their superlative adding-est. by b Adjectives with one syllable form their comparative adding--er by c Sho_rt adjectives endingin -yform their comparatve removing and -y by adding -ier. d Multi-syilabre adjectives form their comparative with more. e Compound adjectivesform their comparativewith more. f Murti-syilabre adjectives form their superrative with most. g Someveryfrequentadjectives haveirregular comparative forms. h Thanis usedto introduce secondelementin a comparative the structure. 14 Complete this excerpt from an introductory givenin the first sessionof a legal talk English course.Usethe correctcomparative superlative or form of the adjectives given. Youmight be expecting learna lot of detail about Anglo-American systemsand to legal their foundations, our focusthis semesterwill be 1) ....................... (practical) but than theoretical. will mainlybe workingon language We skills,such as writingletters or speaking with clients.I am convinced this is the 2) (good) way to prepare usingEnglish law you mayfind this course3) ....................... for for (challenging) 4) and (time-consuming) you expected, you than but may also find it one of the 5) (useful) coursesyou take at university, as manystudentshavetold me in the past. To make it 6) ........................ (easy) for you to planyourtime, l'll be handing a list of the readings out and the assignments you'll be working this term. on 1 2 3 4 5 6

\'

Speaktns Learm$ng x: eppr&ae *.nes

15 Discussthese questions with a partner. 1 which of the four skills- reading, wrting, listening speaking do you find or the most difficutt? 2 Whenit comesto learning legalEnglish, whichof the two coursesdiscussed by Heidiand Marcdo you think offersthe betterapproach? Explain reasons the for yourchoice, usingcomparatives superlatives possible. and if l2

LAWIN PRACTICE
$**ad*$s"s
Lawyers smalter in firmsoftenadvise ctients general on [ega[issues, contacting co[[eagues for assistance whennecessary. Lawyers larger in firmstendto speciatise specific in areas, suchasadvising tax matters, on deating with commercial transactions registering or patents. Which areas law do youfind mostinteresting why? of and

ffiemd$mgffis"adesmt* reeras&trmem pr#wreffi?w# S:

16 Readthe advertisement the BarkerRoseGraduate for Recruitment Programme and answerthese questions. 1 Do you need to havea law degreeto qualifufor the programme? 2 Howwill BarkerRosehelp graduate studentsqualifu becomesoticitors? to

whoseapplication othenruise demonstrates frstratepersonal qualities experience. and Forthe ambitous graduate wshing trainas to a commercial lawyer, offertrainees we first_rate work in an informative, challenging busy and atmosphere, whereyourcontribution counts from dayone. Werequire approximately exceptional l5 trainee soficitors eachyearto contribute our future to growth, bothour London in and Manchester dlices.
T'

Applyby 3l st Julytwo years before startof the the training contract. Toapply online, please on thislink: click http://www.barkerrose.co. uk -'.',_,....-,,.,, Wewilf payyourfull course feesfor boththe CDL andLPC, plus mainten ance E6,OOO of durngyour GDL andI7,OOO through yourLpCstudy year.2 lf youwouldlikefurtherinformation, please contact Graham Matthews, Graduate our Recruitment Trainee and Manager, 0650 on 5818967or by emailat graduate.recruitment@ barkerrose.co.uk. BarkerRcsewill be pr*sentingits e radi:ate Reeruitme*t Frograrnrne the Unversity at cf l-ondcnLaw Far t5 May at 2.30p.m.in on the JohnAdamslecture theatre.

Wehandle onlycommercial matters, offering training company, in commercal finance, and commercal Iitigation, employment, media, energy, trade andcommodities, shipping and property and in the business law, skills essential to success a solicitor. as Strong academic qualifications, includng 2.1 a degreer (anydiscipline). takea flexible We approach arewillingto progress and candidates

The Graduate Diplomain Law(GDL) a conversion is courseallowing those holdingnon-raw degreesin any liect to convertto a careerin law.After completing GDL,students the who wantio becomebarristers the Bar Vocational course (BVC) beforeentering the profession pupil barristers. as students who to becomesolicitorstake the LegalPractice course (LPC) beforebecoming traineesolicitors.

UnitI A career law in

17 Readthesefour descriptions students of and decideif theywouldbe suitable for programme. the BarkerRoseGraduate Recruitment Givereasons vouranswers. for 1 Andrea Andreais most interested criminallaw and has helpedadvisedefendants in of their rightsat her university clinic.She is very studiousand is aiming law for a first-classlaw degree. 2 Sandip sandipfoundedhis own e-commerce business following disappointing2.2 a law degree.He is now in greatdemandas a gifteddotcomconsultant, but wouldlike to pursuea careerin commercial law. 3 Meral Meralis interested company and is veryambitious. in law Her aim is to becomea partnerin a law firm by the age of 30. she wouldlike to beginher training contractnextyear in orderto get aheadas soon as possible. 4 Oren Orenis a business-studies studentand wouldliketo pursuea careeradvising companies mergers on and acquisitions. had originally He wantedto start his own business,but decidedon a careerin law duringhis secondyear. 18 Discuss these questions with a partner. 1 Wouldthe BarkerRoseGraduate Recruitment Programme of interest be to you?Why(not)? 2 lf you had the chanceto speakto someone aboutthe programme, what questions wouldvou ask?

Writing: rt erna*[ She

19 The BarkerRoseGraduate programme Recruitment givesan email address whereyou can writefor more information. write a short email askingthe questions you discussed Exercise question2. use the opportunity in 1g, to give some information aboutyourself, your professional academic and background whyyou are interested applying the programme. and in for

LisenirSGraduate z: reeranitrnent prsgras'fi me

20 1-:t.z BarkerRoseare presenting programme their Graduate Recruitment at the University LondonLaw Fair.Lstento the first part of the presentation of and decidewhetherthese statements true (T),false (F)or not clear(NC). are The studentsat the presentation haverecently takentheir mid-term exams. The speakeris a law graduate. Most of the speaker's rawyer friendsare partnersin rawfirms. The speaker take questions will duringand at the end of the talk. Therewere over 60 lawyersworkingfor BarkerRose in LgTg. Newassociates can work in an area of lawthat interests them. 2L 1'<t's Listento the secondpart of the presentation and answerthese questions. 1 2 3 4 5 Howmuchdo graduate trainees earnduring their secondyearat Barker Rose? Howare year-end bonusesawarded? What other benefitsare paid for by the firm? How manyhoursare associates expected bill per year? to Afterhow manyyearsare some associates considered partnershp? for 1 2 3 4 5 6

22 Somewordscan haveseverar meanings. choosethe best expranation or b) (a for each of these wordsor phrasesas they are used in the piesentation. 1 a partner a one of the ownersof a partnership (e.g.a law firm) b someone's girlfriend, boyfriend, husband wife or 2 an associate a a personwhosepositionat work is srightry rower less comprete or than the fuil officiarpositiondescribed(e.g. an associatedirector) b a personwho is crosery connected anotherpersonas a companion, to friendor businesspartner 3 a bonus a a pteasant, additional thing b an extra amount of moneygiven as a rewardin addition to the moneyyou were expecting 4 benefits a a helpfulor good effect, or somethingintendedto help b thingssuch as medicar insurance that emproyees receive additionto in money 5 to practisel a to do something regurarry orderto becomeskiiledat it in b to work in an important skiiledjob for whicha rot of trainingis necessary

Text analysis: Structurngpresentatisn e

ln order be effective, presenter to a mustmake audience the understand the topic why is important them.lt is a[soimportant make to to yourpoints short, simple andclear. Remember K|SS to tt and [Keep Short Simpte). 23 This outlinegivesa detaired summaryof the main parts commonry found in presentations. Findeach of the pontsin the transcripts audios for r.2 and!.3 (page1-25). Writedownthe rinenumbersat whicheach pointcan be found. 1 2 3 4 5 6 7 8 9 10 11 L2 Welcome audience the Introduce yourself Introduce topic the Tellthe audience whythey shouldbe interested the topic in Tella short personal anecdote Givean overview the talk of Mainpoint1 Mainpoint2 Mainpoint3 Main point4 Summary Fina| bang'- reave the audience witn a strongfinarimpression

(US) to practice

UnitI A career law in

Language Focus
firm Matchthe hatves thesesentences of aboutthe Y:_"^i::1":Iyo:: lawfirm orfterent typesof "ilaw mentioned Reading in L.
1 A commercialpractice 2 A large law firm 3 A law clinic 4 A partnership 5 A sole practitioner a is managed partners by who shareprofitsano responsbility equally. b workson his or her own,has no partnersano usually handles smaller cases. c advisesclientson corporate and commercial mattersand may also negotiate transactions and solvebusinessproblems. d can have 5O or more lawyersworkingon complexmattersfor largeorganisations. e givesstudentsan opportunity deal with real to clientsand to develop their legalskills.

vocabufary; Iawvs legat compbte these sentences by inserting eitherrawor regar. 1 lnstruction . .....1*4aL Engrish becoming in is . compursory a growing in nrr*,. of law facultiesall overthe world. 2 Afteruniversity, workas a traineesoricitor my gaveme usefurexperience in commercial litigation, and I was offereda good positionin a large . firm. 3 During studies,I votunteered a Iocil my at ctinic, ... il;;; i ;r;"i;;; . assistanceto peoprewho courdnot afford to pay for a rawyer. - 1"" 4 some of the most important coursesa studentcompletes duringhis or her studiesof the laware skillscourses, suchas courses . ......"... *riirg in and .... . .................. researcn. 3 Prepositions completethese phrasesfrom the lawyer's talk in Listening with the 2 prepositions the box. in

a First,r'il start you a ritile information .h9.. giving .. BarkerRose. b OurGraduate programme Recruitment includes excellent an set .... ...., . benefits studentsprepared committhemselves to fully. c I'llthen go......... ...., to outlinewhat we have .. .... to offer ... ,.....,............. new associates. d OK,let me just start . Introduclng mysetf. e Finally, also taik a litile l'll . what we expect oyr potential graduate recruits. f Hello,everyone, thanks and comingalong. ... g Finally, Iiketo remind I'd you.....................,.lsaid what ,..... the beginning of my talk today. h So, to start . .. , who are BarkerRose? i rhis bringsme ..... ................ my next point:what benefitscan successful applicants programme ..our Graduate Recruitment expect? ordering Numberthe statementsin Exercise in 3 the order in whichthey most likely occurred' Youmaywantto listento the talk againto checkif your answersare correct.

(tt

Contract law
THE STUDY LAW OF
Lemd-$rx
It is difficutt imagine to going verylongbefore making some kindof agreement enforceabte by [aw. Whenever buygoods services, enterintoa contractual we and we relationship. 1 what kindsof contracthaveyou enteredinto recenily? Makea list of some of the goodsand services you haveboughtor used overthe past 4g hours. your list with a partner. it always Compare ls clearwhether the aboveare goods or services? Howwouldyou classify the electricity consumeeveryday? you

ffiead$ergt*ffi*r"mc x: &mqnr
This text dealswith some of the main featuresof contractlaw. 2 Readthe first paragraph. What is necessary a valid contract be formed? for to 3 Now readthe wholetext. Whichtwo remedies following breachof contract a are mentioned? any otheroptionsavailable yourownjurisdiction? Are in 4 Readthe text againand decidewhetherthese statementsare true (T)or false (F). 1 In all legalsystems,partiesmust give something valuein orderfor a of contract be formed. to 2 An offer must be met with a counter-offer beforea contractis agreed. 3 Oralcontracts are not always valid. 4 lf in breach, court will always the forcethe partyto peform the contract. 5 Assignment occurswhen one partygivesits contractual rightsto anotherparty. contractlaw dealswith promises whichcreatelegalrights.In most legal systems,a contractis formedwhen one party makesan offerthat is accepted by the otherpafi. some legalsystemsrequiremore,for example that the parties give each other,or promiseto give each other,something value.ln of commonlaw systems, this promiseis knownas consideration. those systems, ln a promiseto do something one-sided (e.g.a promise makea gift) does not to lead to the folmatonof an enforceable contract, it lacksconsideration. as when the contractis negotiated, offer and acceptance the must matcheach other in orderfor the contract be binding. to This meansthat one parrymust accept exactlywhat the other party has offered.lf the offer and acceprance do not matcheach other, then the law saysthat the secondparty has made a counter-offer (that is, a new offer to the first party whichthen may be acceptedor rejected). Forthere to be a valid contract, the partiesmust agreeon the essentialterms. Theseinclude priceand the subjectmatterof the contract. the

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contractsmay be made in writingor by spokenwords.rf the partiesmake a contractby spokenwords,it is cailed an orarcontract. In somejurisdictions, certainspeciar typesof contracts must be in writingor they are not valrd(e.g. the sale of land). contracts give both parties rights and obrigations.Rightsare something positivewhich a party wants to get from a contract(e.g. the rigntto payment of money)'obrigations something are whicha partyrrasto do or give up to get those rights(e.g.the obligation to do work). when a partydoes not do what it is required do undera contract, to that party is said to havebreached the contract.The other party mayfire a rawsuit againstthe breachingparty for breach of contract. *,e ion-ireaching party (sometimescared the injured party) may try to get a court to award damagesfor the breach.Damages refersto moneywhich the court orders the breaching partyto payto the non-breaching partyin compensation. other remediesincrude specificperformance, wherea court ordersthe breaching partyto per-form contract(that the is, to do what it promised do). to A party may want to transfer its rights under a contractto anotherparty. Ths is ca'ed an assignment. when a partyassrgns (,gives,) rightsunderthe its contract anotherparty, to the assigning partys calledthe assignorand the party who gets the rights is called the assignee. 5 Complete these sentences usingthe wordsin the box. -*ut breach counter-offerdamages forrnution-obtiguti*" contract terms

1 Usually, contract occurswhenan offer is accepted. 2 A new offer made by one partyto anotherpartyis calleda 3 The priceand the subjectmatter of a contractare the essentiar of a contract. 4 A contract whichis not in writtenform but has beenexpressed spoken in wordsis calledan 5 Undera contract, pritY f.''u"' u . . .. .. .. . (that is, certan things it has to do). 6 when a partydoes not do what it has promised do undera contract, to it can be sued for of contract. 7 A court can award to the non_breaching parry. Matchthe verbsin the box with the nounstneygo with in the text. accept award breach enforce fifu reject 1 2 3 4 an offer acontract damages a lawsuit

..___

which otherverb-noun coilocations possibre are with the wordsin Exercise 6?

Unitz Contract law

8 with a partner, take turns to look at each of the verbs in the box in Exercise 6 and discusswhether following the subjects can carryout the actionin question: 1 a party 2 the parties 3 the court 4 a lawyer

EXAMPLE: a parLy arrx4Ls an offer, Md a" Lnugex can a<rnpL an WelL, o(fex, Loo. BuL I d.on'Lrnk gou cotl s6U aL a c.ourLa<rxvLs an of(er.

Kemdmgffi*mes3es bnem*F.c x: fms. wf emmtre$t

9 Readthis excerptfrom a law textbook.What does the wordremedyin the text mean?

Rnunnrns FoR BREAcHoF coNTRacr

rf a contract is broken, the )njured party might be expected to d.emand any of the following: . to have what they gave returned to them (,restitution') . compensation for their loss ('damages') . the other pafiy to be forced to perform the contract ('specific performance,) In the common-law tradition, damages is the usual remedy that a court award"sfor a broken contract. Restitution and specific performance are available only in certain circumstances.

1O According the text, what is the most commonremedy breachof contract to for in the legalsystemsof English-speaking countries? what is the most common remedyin yourjurisdiction?

Lstem6mg x: &sk$ng eLantf$catffmm giw$mg f*n e$?d trxp[effiett*rNs

L7-4'<z't Listento the first part of a short conversation betweentwo law students, who are discussing lawtextbookexcerptin Exercise What is the first the 9. studentconfused about? L21--z.t Listenagainand tick (/)the expressions studentusesto ask for the clarification. 1 2 3 4 5 6 What does that mean? Sorry, don't followyou. I | don't understand that. | don't knowwhat that word means. That doesn'tmakesenseto me. | don't get it. f I I f] n f

13 Howwouldyou explainto the student what the term damage.s means and how it differs from the word damage?Discussthis with a partner. L4 4':z.z Listento the secondpart of the dialogue and compare youranswerwith what the secondstudentin the dialoguesf.

15 (=2.2 Listenagainand tick (/)the expressions secondstudentusesfor the giving explanation. an 1 2 3 4 5 6 Well,it's quite straightforward. Allowme to clarify. Let me explain. Whatthis wordmeansis ... lt's likethis. ln otherwords,... I I I I fl -

16 Whichof the expressions Exercise is the most formal?Whenwouldyou in l-5 giving explanation? use this moreformalwayof an

i f f i c u n k xm * g " T p r m sffi# sf; r *s*' - i

di $de sr-"'-r:3 eq " be 1;Er-r"*],F,

17 Witha partner, taketurnschoosing explaining of theseterms in your and one guesswhichwordyour partneris defining? own words.Can you v damages specificpedormance u v assignor v assignee v party g, the injuredparty \-/ the non-breaching v restitution party the breaching remedy

i-ts{*m$mg xl f,*mrmc &*sasr* [mqe*

18 (iz.s Listento the beginning a lectureon contractlaw.What is the general of subjectof the lecture? L9 1-:z.c Listento the wholelectureand answerthese questions. 1 Whichof thesetermsdoesthe soeaker mention? agreement I counter-offer f]

consideration E negotiation I

^ u u ^+L q r q ^ ^ ^g P ^ ^ ^ ^ r u g

f-l I I

remedy

offer I 2 Whattooicwillthe lecturer talk aboutnexttime? 2O 1-<z.c Lstenagainand complete from a student'slecturenotes by this excerpt writing one wordin eachspace.

lntroCuctory lectura. Contract Formation on

. nYCe for rery,rements lormaticn: T)
a\ 4,/ --..-.,-.,,....,...

3) 'ntnt'anta creat r) . Agrzement wian .. ..... ..-.

rlatcns a bcam settled desl

' Whn aFFerts .ffocland. 5) an lncye B a.greement. ' Qustionsabout oFFers:e.q. womakes art aFFrtn an auction? rs a .\ b) .--.-.--......... list an oFFer?ls an advertsementan aFFer? ... ' Qustionsabour accrptance'. daes acceptancaVsve to be

.." . .....

? Accct d by

. ... .. ... . .. ?
. rF fere ,s no

, Canstderation basically ma4n5 tne 4 cansderattan,tr- cantract s noi legally tC) ' Nrr week'sleclure w;ll cavrrulcs f 1,

Unitz Contract law

(2

Sp*akiftS Sumsmarslng a: the [ecture

21 A fellowstudentmissedthe introductory lectureon contract formation and has askedyou to explain pointsto him. Taking the most important turns with a partner, explainin yourown wordswhat the lecturer said aboutthe following topics. lf you don't understand something, for clarification. ask Whenyourpartner yourpartner has finished explaining, whether say has left something or out whetheryou understand differently. it () agreement: what it is and when it occurs questions aboutoffers aboutacceptance questions consideration: what it is Q

LAWIN PRACTICE
Lead-m
Lawyers oftenconsulted ctients are by who needadvice contract in disputes. Whatkindsof things coutd leadto suchdisputes? Whenmeeting with a ctient discuss dispute, [awyer generatty to a a witl exptain the law relates the how to contract question. maymeanhelping ctient understand in This the to technical termsandimportant legal concepts. wi[[ oftenbe necessary examine particutar lt to a clause, section the contract, or of carefulty.

Keadng Ccs"ltnaet e*asxse 3:

22 Readthe clausefrom a contractand answerthese ouestions, 1 2 3 4 5 Whichword means shipor boa? Whatdoes the clausedeal with? Whatwordsare usedto referto each partyto the contract? What do you think probablereadinessmeans? Whatdoes the word shal/mean in the contextof this clause?
2 a The buyer shall nominate the date of shipment. The buyer shall give the seller at least two weeks'notice ofprobable readiness ofvessel(s)and ofthe approximate quantityto be loaded. b upon notification of probable readinessof vessel(s),the seller shall nominate a port for the loading of goods. c Shipment is required no later than22 May 200g.

23 Complete these lists of obligations usingyourown words.Howare the obligations expressed the in actualcontractclause? Buyermust: 1, 2 3 Seller must: 4 24 Discuss with a partnerwhat can go wrongin connection with a clauselkethe one in Exercise 22.What mightthe consequences be?

Listening Conditions warranties and 3:

251-<z.s Youare goingto heara conversation between lawyer (Mr Dawe) a and his client(Mr McKendrick, Director Export of Threads, sellerreferred in the to the contractextractin Exercise 22). Listento them discussing case and the answerthese questons. 1 What is the name of the buyerin this dispute? 2 Whydoes ExportThreadswant to terminatethe contract? 3 Doesa breachof contractautomatically allowone partyto terminate the agreement? 4 Doesthe lawyer think that Export Threads has a strongcase? 5 What legal grounds might ExportThreadshavefor terminating contract? the 26 Readthe audiotranscript the dialogue pages L2s-1:26.Underline of on the phrases whichmean I don't understand those usedfor givingan explanation. and 27 a ln the dialogue, lawyer the saysthat his client retiedon the sellerto notify him of the date of shipment. Theterm reliancerefersto depending on promises. someone's Readthese definitions reliance (1-3) and match of eachwith its source(a-c).

reliance or trust. I Tr" act of relying on someone something; 2 Tbe condition of being reliant or dependent. 3 A personor thing which relies on another.
:1;:i]:iii:iiili1j::::::::::...:!i11:::];-::i:1;:.:::::.i:1i1:i:i:liqa]:']:t.:51.::i::1i:::.::. i:5::r

44, ll 1: i:. ;i !; iiil il

;lr

2 reliance n. the actof relying; taking action asa resultof another person's promises or assurances. Compensation may be available for lossesincurredby a claimantresulting from suchreliance(reliancedamages).
.F]l.ij,.j:.]:i'].:!5.]:,;j.:;:|l::-::!lj]j.i:]:.:|a.r'n!ir;:6.:'.

reliance/rr'larens/ noun [U] when you dependon or trust in something someone: or The region'srelinnce on tourism is unwise. You place too muchreliance on her ideasand expertise.
:ri':1i:i(:ttiiii: jri:t;.1e,{ii:tir::tl$:irjr:i:r:iirarai,i::tt::r"i..?.e:rr:i:-ir:.,

a The CambridgeAdvancedLearner,sDictionarv b an onlinelegaldictionary c The Wiktionary online dictionarycreatedby its users) (an

b Whichof the dictionaries you find most usefut?Why? did c What role do you think reliance playsin this contract?

Unitz Contract [aw

e$: / I Lar*guase carp rs{d rm*y mrgfxr I

of talks abouta number possibilities, with In his conversation his client,Mr Dawe breachof contract. that Drexlermight sue him for the possibility for example in *"y, to talk about possibilities English: fh"r" uru several J can/ coutd(butnot may/ might)are used to say somethingis generally possible: t realtydon't seehow theycan / could sue us' (= | don't see how it is / would for be possible them to sue us.)

c miv (_,ltsjtt (,loutd (but not can)aJelsed to talk aboutthe chancethat or will something happen is happening. Theymay ,t migltt/ could sue you. (= lt is possiblethey will sue you.) +*q-eaa-sae** C may not mishtnot (but nol could not) areusedto talk about a negative / possibility the future: in Drexter aresaying that we are unreasonably refusingdelivery,but I guessif we make our side ctear,then they might not take any action against us? (= lt is possible theywon't take action.) from the meaning change using couldnotwould ; fn the aboveexample, possibility ability: to delivery, butt guessif we Drexter aresaying that we are unreasonabtyrefusing make aur side clear, then they couldn't take any action against us? (= T6st wouldnot be ableto take action.)

usinga suitableform of can, could,may or might' 28 Rewrite these sentences for 1 I don't see how it is possible them to sue us.

!dnnlL-s-g&...h.p.vs....eu...w.../....spu!'d....aw-e,...v.a...
it that theywill settlement, is possible out-of-court 2 lf we offer a generous not sue us. they will sue you. 3 Youshouldn'tbreachthe contract.lt is possible They 4 lf you can assureus that such a breachwill not happenagain,then it is possible that we won't take anyfurtheraction. tf for 5 | think it is possible us to worktogetheragainin the future. for 6 lf you raisedyour prices,it wouldnot be possible us to worktogether. lf

Text ama[yss: sf advlee ma[

29 This email summarises discussion the between the lawyer, Dawe, Mr and his client.lt containsfour errorsof fact. Findand correctthe errors.

Subiect The terrnination contract Drexler ofyour with Inc.

Dear McKendrick Mr you Thank forcoming see on30May to me when discussed termination we the ofyour contract Drexler I amwriting summarise discussion toconfirm with Inc. to our and your instructions. You methat told Drexler agreed purchase quantitygoods Inc, to a large (exact of amount unspecified) your Expoft from firm, Threads. clause ofthecontract, Under 2a Drexler were you to give twodays' notice thedate shipment thatyoucould of of so arrange lorry the a for fansportation goods. were ofthe You unable anange because to this Drexler to letyou failed know theagreed You wish terminate contract. by date. now to the The legal issue iswhether notDrexler's isenough allow here or breach to Export Threads to terminate contract the without liable damages. contract inquestion being for lf the term can beshown bea condition, willbeable terminate contract to you to the without of damages fear being awarded you. thetermissimply warranty, willbeable claim against lf you a to damages to cover costs have you any incurred a result thisbreach, may actually as of but not terminate thecontract. Recent law case suggests if you choose terminate contract, if Drexler that do to the and subsequently tosue thecourts decide you, would against your rule you, contract involves a chain sales, insuch of and you cases, need certaintyvery the for is important. were unable to arrange loadingthegoods a direct the of as consequence ofDrexler's ofclause and breach 2a. this term would interpreted condition. be asa I willwrite leer Drexler outlining above notifying ofyour a to lnc. the and them intention to renegotiatecontract. request the I will confirmation Drexler they from that accept our interpretation oftheevents oftherelevant and your both and law, that termination ofthe contract notlead any will to unnecessary action their I willbeintouch legal part. on again shortly. Please nothesitatecontact if you do to me have questions. any With regards kind Charles Dawe

The email in Exercise followsa standardpatternfor an email of advice 29 from a lawyer a client.Matcheach paragraph to (1-5) with its correctlaber(a-e). a b c d e paragraph Opening The lawyer'sproposedaction The lawyer's advice Summary the facts of The legalissue(s)

Unitz Contract law

you will be askedto write severallettersand emailsof 31 During this course, advice.Readthroughthe email in Exercise and highlight phrasesthat 29 any wouldbe usefulin yourown legalcorrespondence. 'lhank EXAMeLES: gou {or cr,mng tn sex. me on 30 MaU nhnwe satsseA, ...

Writing: Email advice sf

32 Usethese notesof an interview with a clientto write an emailof advice.Use the email in Exercise as a model. 29

7 November Client - Berlingua Language School (Ioanna Staines) Other party - Simon Burnett, Burnett TV Supplies Facts Ms Staines (Director of Studies,Berlingua) bought a new satellite system (including built-in hard drive) at50Toof the normal price from Burnett TV Supplies for educational use. Shemainly wanted to use it to record foreign-languageTV programmesfor use during lessons. When she first set it up and tried to record, she realised that the timer function was broken. This means someonehas to physicallypress'record'and'stop'whenever theywant to record something. Ms Staineshas askedfor a replacement,but was told that she couldnt expectit to work perfectly at such a cheap price. They have refused to replace it, but have offered to repair it at a cost of!130. Legal issues Defect not pointed out at time of purchase; if reduction due to imperfections, seller MUST inform client (Saleof GoodsAct). Ad.ubelAction Ms Stainesis entitled to either a full refund or a replacement system (her choice). I outlined the options, Ms Stainesis consideringwhich to go for. I'm pretty sure that it will only take one letter from us before Burnett backs doum - hed have no chance in the small claims court!
:.ili:t.!l::.i::.111;::r: .rrf r::i

ttn| o* turn to GaseStudy 1: Contract law on page 11g.

Language Focus
WordformationComplete this table.

'nodtr2tp

ofleror/offeree

Prepositions Complete following the sentences aboutcontractlaw usingthe prepositions the box. in egainst for f or in in+e to to under
4 I

2 3 4 5 6

An individual a business or mayenter,... t1t9..... contract. .,a Anyone who is not a party the contractis considered third paruy a , and cannotbe obligated do anything to required the contract lf one of the partiesbreaches contractual a obligation, non-breaching party the mayfile a lawsuit party. the breaching Furthermore, partywiil not be required performits contractual a to obligations if partyis another . breach. Damages awarded are any loss that the party .....a party has suffered a resultof a breachof contract. as However, partywill not alwaysbe able to recover losseswhen suing a all damages.

Language functionsUnscramble following phrases askingfor clarification. the for 1 2 3 4 5 that What mean?does WhaL dnes aL mzax? | youfollowdon't that I understand don't | meansdon'twhatthat knowword makeThatsenseto doesn'tme

Verb-noun collocations Choose the correctverbs. 1 My clienthas requested to makel@Dl awarda lawsuitagainstyou for me breachof contract. y' 2 Youaccepted/ awarded admittedthe offer my client made to you. 3 Whenyou signedthe contract,legal rights were called/ claimed/ createdwhich are enforceable underthe law. 4 Sinceyou havenot carriedout yourobligations you have underthe contract, clearlyassigned/ rejected/ breached the contract. 5 My client intendsto claim/ accept/ enforce damages all of the losses for incurred a resultof the breach. as

Tortlaw
OF THE STUDY LAW
te

Lea*n
Engtish As to of unfamiliar learners English. with other[ega[ Thewordtort is usuatly who native speakers Eng[ish do notworkin the lawwoutdnot knowthe of terms, many Whatdo youthinkit means? wordeither. 1 a The area of tort law coversa wide rangeof cases. Matchthese case (1-3) with the case names(a-c). descriptions criminal an deathwhichfollowed unsuccessful 1 A civilcase for wrongful prosecution murder for for 2 An urbanlegendabouta womanwho sued a company damagesbecause gaveno warning againstthe oven manualfor her microwave the instruction wayshe used it 3 A 1994 case in which $2.7mnr-dma$eswere awarded Restaurants v. a Liebeck McDonald's v. b The People OJ Simpson v. c Hubbard Speedicook b Whatdo these cases havein common? belowusingthe wordsin the box. 2 Complete definition the act damages harm party that causes 2) Tort: a wrongful1) 3) anotherpersonfor whichthe injured 4) . .. .......... ... ..to may request

r: Reaciing I-ertlaw
3 Readthe text on page29 on tort law and answerthese questions. 1 According the text, what are the two main objectivesof tort law? to According the to 2 An injuredparty can sue for damagesor for an iniunction. by text, what types of loss can be compensated an awardfor damages? 3 What does the Ierm injunctionmean? Use the Glossaryif necessary. produces dangerous train. What category tort is this? of a toy 4 A manufacturer 4 Match the adjectives(1-6) with the nouns (a-f) they collocatewith in the text. 1 2 3 4 5 6 civil contractual injured fraudulent medical monetary a b c d e f damages wrong misrepresentation party relations expenses

A tort is a eivir wfong that can be remediedby awarding damages(other remedies may arsobe availabre). Thesecivirwrongs,.u"utt narmto a n personor property that forms the basis of a craimby the injureoparty. The narm can be physicar, emotionar financiar. or Exampres torts incrude of medicar negrigence, negrigent damageto privateproperty and negrigent misstatements causing financialloss. Thereare manyspecifictorts, such as trespass, assaurt and negrigence. Business torts incr ude fraudurentmisrepresentation, interferencein contractual relations and unfair businesspractices. Tortsfail into three generarcategories:intentionar torts (e.g. unfair competition), negrigent torts (e.g.causingan accidentoy rJting to obey trafficrules)and strict riabirity torts (e.g.riabirity makingand seiling for defectiveproducts). why some wrongsare deartwith by tort raw(or the rawof torts) and others considered criminar offencesis the subjectof some debate.However, there are certainry overraps between tort rawand criminar raw.Forexampre, a defendant can be riabre compensate assaurtand to for batteryin tort and also be punished the criminallaw offence for of assault. Differences between tort rawand criminar incrude: partiesinvolved raw the (the state bringsan actionin crime,a private individuar bringsan action n tort); the standardof proof(higher criminar in raw); and the outcomes (a criminar actionmay resurtin a convictionand punishment, whereas an actonin tort may resurtin riability on the part oI.{e defendantand damages awarded the claimantl). to \ The primary aims of tort raware to provide rerieffor th harm sufFered and deter other potentiartortfeasors from committing the same harms. The injuredpersonmay sue for both an injunction to stop the tortious conduct and for monetary damages. Depending the jurisdiction, damages on the awarded be either will compensatory punitive.Compensatory or damagesare intended,as far as it is possible, put the victimin the position to he or she wouldhavebeen in had the tort not occurred.punitive damages are awarded punisha to wrongdoer' weil as compensation damage property, As for to damagesmay arso be awardedfor: ross of earningscapacity, future expecteo rosses,pain and sufferingand reasonablemedical expenses.
I (us) plaintiff

5 use the coilocations formedin Exercise you 4 to comprete these sentences. 1 Whilea crimesuch as murderor shoprifting is a wrongcommitted against society, tort is a ............................. a committed againstan individual. 2 Tortsare handledin the civilcourts,where ttl" __ bringsan actionagainstthe wrongdoer. 3 ln most cases,the injuredpartys entitred to remedies underthe raw, such
d5

4 In medicar marpractice cases,the damages awarded the injuredpartymay to include lostwagesand......... .

Unit3 Tort[aw

occurswhen one of the partiesto a contract 5 Thetort of makesa false statementabouta fact and knowsit is not true, and this fact is acteduPon. this for into a contract, example, from entering 6 Whena PersonstoPsParties in oersonis said to interfere in 6 Whatdo you think these types of tort mentioned the text mean:assault, do they cover?Giveexamplesof what kinds of acts trespass? neglgence, what someonehas to do to be liablefor each of these torts in yourcountry.

e: R*adf;ffis easeFl@t*
at discussion university. for noteslto prepare ctassroom or itt.n ..ud writecase Lawstudents it As a case. such, is about information important of summary the most noteis a short A case it but notecanvary, usuatty inctudes of toot.Theformatandcontents a case study a useful and ruting reasoning' issue, [eqa[ procedural history, facts, case, sections: thefottowing tort law case and readthroughthe case note belowof an important 7 Quickly (a-f). (1-6) in the briefwith these descriptions matchthe headings a b c d e f relevant oointof law aboutthe partiesand the case information whatthe court decided what happened whythe court cameto that decision howthe lowercourtsdecided Appealsof patsgraf N.Y.339;162n.e.99;Courtof v.TheLongtstandRailroadCompany,24S CASE: NewYork[1928] whena trainmovedoff plaintiff2 standing a platform defendant's railroad of on was FACTS: the ran a moving, passenger to catch train.The it wasalready though Even fromthe platform. whiletrying papelappeared losehisbalance to in wrapped a who wascarrying package man, act out reached to helphim.This caused of An train. employee the railroad the to board moving the to Unknown the employee, package arm in the package the man's to fallontothe rails. on equipment the somelarge causing exploded, it fell, fireworks.When the fireworks contained that herinjury claiming the plaintiff sued railroad, the platform strike andinjure plaintiff.The to of fromthe negligence the employee. resulted and appealed, the Defendants The HTSTORY: trialcourtfoundfor the plaintiff. PROCEDURAL to judgment.The thenappealed thiscourt. railroad the courtaffirmed appellate plaintiff's injuries? proximately cause negligence Did ISSUE: the railroad's LEGAL the reversed decision. of court of Appeals NewYork No.The RULING: lf of in it is Negligencenot a tort unless results the commission a wrong. the REASONING: in Since thatthe actcouldhavebeendangerous. it harmwasnot deliberate,mustbe shown it wasnot wilfulon the partof defendant, hadto be shown the thiscase harmto the plaintiff As possibility danger. therewas of package the apparent had a thatthe actof dropping person believe to the reasonable whichwouldcause of nothingon the outside the package that lt there explosives, wasno negligence.wasthe explosion wasthe proximate it contained the plaintiff's an injuries, actwhichcouldnot havebeenforeseen.Therefore railroad of cause judgment the of injuries.The of plaintiff's cause nor negligent the proximate wasneither courtwasreversed. appellate
1 (US)case briefs 2 (UK)claimant(Theword ptaintiffwas also used in Englishlaw until the new Civil came into force in April 1999.) Rules(CPR) Procedure

1 2

3 4 5 6

Readsections1 and 2 of the case note and answerthese questions. 1 2 3 4 What is the name of the case? Who is the defendant? Who is the claimant? What is the defendant alleged havecaused? to

Readthe rest of the note and answerthese questions. 1 Whatwas the lowercourt ruling? 2 What happened whenthe case was appealed? 3 The wordproximate means 'direct'or 'immediate'. what did the court determineisthe proximatecauseof the injury?

Key tenrmsmepsntimg T: trrFstory Br$eedura[

10 The procedural historysectiontells what happened whenthe case was tried in the lowercourts.other sectionsof a case note give information aboutthe decision the highestcourt at whichthe case was tried.Whichsections of of the case note abovecontainthis information? 11 Findwordsin the case note aboveto complete you mav need these definitions. to change the verbforms. 1 The personwho bringsan actionin a court of law is calledthe 2 The personagainstwhom an actionis broughtin a court of law is known as the ..... .... .... .. 3 Whena case is decidedin favourof a certainparty, the court that party. 4 To bringa case beforea highercourt so that it can review the decision a of lowercourt is to ........ ...... ..a case. 5 A court whichhearsappealsfrom lowercourts is calledan ora Whena court stftes that a judgmentof a lowercourt is true, it ! that judgment. Whena court ch\ngesthe judgmentof a lowercourt to its opposite, it _\ that judgment.

aFe$rcg diseussicn T:eese

with a partner,discussthe phases in the procedural history of the patsgrafv. TheLong lsland Railroadcompanycase and agree on a simpreaccount of what happened the courts. in Discusswhat you think mighthavehappened this case had been brought if to court in yourjurisdiction.

Unit3 Tortlaw

[awsw$s x; FrEwm[m*as L$s*mrxg

number cases, of factsof a [arge to are Lawstudents expected knowthe mostimportant cases. of history these and involved the procedural issues aswe[[asthe tega[ two law students,Mariaand between 14 Youare goingto heara discussion productliability case. Mariamentionscompensatory abouta well-known Fabio, these types of between What is the difference damages. and punitive damages seriousnegligence? Whichshouldbe the highestin a case involving damages? thesequestions. and to 15 (s.r Listen the discussion answer 1 2 3 4 What does Fabiomean by the words frivolouslawsuit? What injurydid the plaintiffsuffer? refuseto settle out of court? Whydid McDonald's How damages? in How muchdid the court awardLiebeck compensatory damages? muchin punitive in finallyreceive damages? 5 How muchdid Liebeck

from a case note historysectionof this excerpt the 16 (is.r Complete procedural agan usingwordsyou havestudiedso far in this unit. Listento the discussion if necessary.

CASE:Liebeckv.McDonald'sRestaurants,P.T.S.,lnc.,No.D-2O2CV-93-02419,1995W1360309 (Bernalillo Ct. N.M. Dist. Aug.18,1994) County, bought New Mexico, womanfrom Albuquerque, Liebeck,aTg-year-old ln FACTS: 1992,Stella placed coffee the Liebeck restaurant. a McDonald's of a cup of coffeefrom the drive-through was the cup betweenher legsand openedit.Shespilled entirecup of coffeeon her lap.Liebeck her skin,burningher lowerbody which heldthe hot liquidagainst wearingcotton sweatpants burnson sixper cent third-degree that shehad suffered it At severely. the hospital, wasdetermined years treatment followed. of for in Shestayed the hospital eight days.Two of her skin. ............. the attemptsto reacha 1) . ....... failed, claimantsued Afterseveral HISTORY: PROCEDURAL jury that the the claimant, grossnegligence.The 3) ...............................determining for the 2) ..::,..:....................... in was 4) ............................. Claimant 200lo. $200,000 and responsible the claimant defefant was80o/o 20o/o $160,000. millionin to by $2.7 5) compensatory ............................... , which wasthen reduced to werethen reduced S480,000. damages were damages 6) ............................... alsoawarded.These However, out-of-court an and defendant. by both claimant was 7) Thedecision was for than S600,000 finallyreached. settlement less

&&ws&atrss R; ff"r$w#a#tes h$}#e$q$ffi#

thesequestons. 17 Discuss case inspireda journalistto createthe Stella 1 The Liebeckv. McDonaldb Theyare meantto be lawsuits'. to 'frivolous Awards, whichare awarded purpose. Whatdo youthink it mightbe? but amusing, theyalso havea serious whichyou think of 2 Canyou nameany examples casesfrom yourjurisdiction a mightbe awarded Stella? case? Do you think it 3 Whatdo you think of the Liebeckv. McDonald's case? as deservesits reputatlon a frivolous

df4

*$

32)

LAWIN PRACTICE
Lead-in
to attempts to from accidents deliberate many legalproblems, everyday Tortlaw covers person's interests. Because this,tort is oneof the most of reputation business or harma of litigatedareas [aw. yourself a lawsuit in to takinga case courtor defending the of Seeking advice a lawyer, a in to a Law can canbe veryexpensive. ctinics provide freeatternative consutting lawyer firm. a private

Kent Clinic Rsadins TBre Lawr 3:

thesequestons. to 18 Readthe onlineintroduction the KentLawClinicand answer 1 Who does the legalwork at the Kent LawClinic? 2 Do clients haveto payfor the advicegiven? skills can be learnedat the law clinic? 3 What kindsof practical

. " .

a -

. . / / '

1 (US) pro se

Findwordsor ohrasesin the text to matchthese definitions. functions withjudicial(or quasi-judicial) 1 A court or assembly in himselfor herselfwithouta lawyer a court 2 Someone who represents acts on someone's behalfduringproceedings 3 Whena lawyer in in as Wouldyou be interested working a studentlawyer such a lawclinic?Why(not)?

p: interview lawyer*lient tenimg Student

law andis aboutto conduct lawyer, decided join hisuniversity's clinic, has to a sturflent

interview. firstlavVyer-client
(is.z Listento the first part of the interview and answerthesequestions. 1 2 I a What kind of productis at the centreof this dispute? What was wrongwith the product? Whydid Carmecomrefuseto replacethe product? had refusedto replace What optionsdo you think Charleshad after Carmecom Whatwouldyou havedone in this situation? the product? Unit3 Tortlaw

answerthese questions' 22 (-<s.sListento the second part of the interviewand threatento do? 1 What did Charles do did Charles when he left the shop? 2 What 3 What did the letter that Charlesreceivedsay?

fmr ese: Lamgumse &sk$mg tmfsrrnet*erT

(pagesL26-L27) and for 23 Readthe audiotranscripts audios3.2 and 3.3 high|ighta||ofthequestionsthatNickandChar|esaskeachother. (a-c) for information of 24 Matchthe descriptions the three mainwaysof asking (1-3). with the headings 1 Openquestions questions 2 Negative (askingfor a yes or no response) 3 Closedquestions

ir we trinr the answerwirrbe no: w".;;;;;;,; Can't t just speakto a lawyerdirectty? They verb as the first word in the question' Thesequestionsuse an auxiliary requireeither a positiveor a negativeanswer:

adding and astatement making fl::;:",il""1";::: ffi::1'ffJ:i':"J; (in speech)'

intonation rising or markat the end(inwriting) using a question

ven r aswe ;ffiif"a';;zi:;:;:a'ii u:'#'il'i

c ........................... ratherthan a simple to we use these questions flnd out more information, yes or noi What did theYsafi verb when who, whator whichis the subjectof We do not need an auxi|iary

(Not: d Iffi"-t"ffi::" next? @)

mi$htask Nick' that Charles 25 put thesewordsin the correctorderto form questions t-lf/lo/retraction,/have/l/sign/go/the/court?/don't/will/to/l 2 How / think / long/ do / lasl? / would / you / a / trial 3 What/ winning? chances /would / of / my / be / r 4 W o u l d / a n y t h i n g h a v e / d e f e n c e/? o / p a y / l / f o r / m y / rhe 5 What/ consequences/ are/ Ihe / case?/ lose / if / | / is/ a/ of/ there / / 6 D o / c o m p u t e r/? m e / c h a n c e / g e t t i n g / t h i n k y o u / a/new '.

T'ext amalysis: lnitlal lawyer*client interview

Toconduct effective an initiallawyer-client interview, [awyer must: a at put a ctient ease to listen whatthe ctienthasto say things clearly explain find out whataction clientwants take,nottakedecisions the ctient the to for tetl the clientwhathasto be donenext. A lawyer should assume he or shehasatl of the information not that needed froma first meeting. WASP The approach planning, to structuring carrying an interview and out helps that nothing [eft out.WASP an acronym ensure is is for: the C Welcome ctient information C Acquire information advise and C Suppty Part C 26 This table givessome adviceaboutconducting WASP a interview. Complete it usingthe pointsbelow(a-l).

. Meet,greetand seat yourclient.

Use open questions your to encourage clientto tell you everything his/her in ownwords.

Consider merits the ofthe case.

Confirm that your clientwishesyouto act for him/her.

a Explain what actionmust be taken. b Onlyuse closedquestions confirmyour understanding what yourclient to of has already told you. Explain that you will writeto yourclientsummarising what has been discussed withina certainnumberof days. Use sympathetic bodylanguage (for and activelistening techniques example, go on, uh-huh,l'm listening) encourage your client to go on speaking. to e Consider legaland non-legal the options. yourclienthas no furthermattersor questions discuss. f Checkthat to g Avoidquestions whichonlyallowa restricted rangeof answers and leading questionswhich expecta particularanswer(e.g. / imaginesimplyreplacing your computer would no longer be acceptable). h Explain the risks involved takinglegalaction. in I Explain purpose your meeting: get detailsof the situation the of to from your client,give legaladvice, discussoptionsand give information costs. on summarise and confirmwhat yourclienthas said so far. t Periodically k Explain what yourclienthas to do. I Confirm that yourclient understands costs and risks involved. the What else is importantfor an effectivelawyer-client interview? Consider pointsmade in Exercises and 27. Howeffective the 26 was Nick's first interview? there anything ls that he could havedone differently?

Unit3 Tortlaw

these from carmecomand answer 29 Readthe letterthat charlesreceived 1 What do you think defamatory means? 2Whatmustctrar|esdoinordertoavoid|ega|action? DearMr TholthorPe ,

[ega[ Readin$ Lsttertp3neatenil?g aetiwn 4: questions'

Our client: George Hardy, Carmecom Ltd' 2OO8 Your defamatory action of 25 November placeat Ltd. n relationto an incidentthat took we representGeorgeHardyof carmecom 2008' their storeon 25 November

Accordingtoourc|ient,youvisitedhisstoreinastateofsomeexcitementandwent .directlytothefrontofaqueueofshoppers.Youthendemandedarefundforalaptop : you had boughtearlierthat day' computer M r H a r d y a s k e d i f y o u w o u | d m i n d w a i t i n g y o u r t u r n ' Y o u t h e n d r o ptoe dnumbero n t a i n i n g p abagc postings a libellous to onto the cashdesk and threatened send the computer .oflnternetmai|ing|ists.Fo||owingthis,you|eftthestoreshoutingvariousdefamatory ' commentsabout our client' ,YouremainedoutsidethefrontentranceofcarmecomandharassedMrHardy'spotential our client , them not to enter the store' Basedon what customersin an effoft to convince that these efforts it is our understanding ;;; ;"rned from some of these customers, I both the quality of statementsconcerning of slanderous , involvedthe repetitionof a series practices' productsand their business Carmecom's , Atthispoint,ourc|ientnoticedthatyouwerecarryingasecondbagofsimi|arsizeand shapetotheonecontainingthecomputeryouhadrecent|yboughtfromCarmecom.The bagwasfromoneofourclient'scompetitors,whowehavelearnedwassellingthesame paid for it' taptopfor 150 lessthan the priceyou as amount of business a resultof your that he has lost a significant our client believes you' In against in him that he wouldbe successful any action we actions. haveadvised retractionby 15 December the enclosed ;;;;r;" avoid such action, pleasesign and return we will be forcedto commenceproceedings 2008. If you choosenot to sign the retraction, immediatelY. We look forwardto hearingfrom you' YourssincerelY

, , ,

,J" /-c/-t
Eastwood, Lott and McCarthy Solicitors

did that Charles not give Nickduringthe interview' BO Readthe tetteragainand find any information wouldhe needto ask to find out: what questions 31 OnceNick has readthe letter, what happened? 1 exactlY 2 what action Charlesnow wants to take?

Key terms Defamation z:

32 lf charlesdoes not sign the retraction, there is a chancethat carmecommight sue him for defamation. completethe explanation the tort of defamation of usingthe wordsin the box. libel slander statement tort Defamation the term usedto describe 1) is the of makinga false 2) of fact that injuressomeone's reputation. commonlaw systemsdistinguish forms of defamation. g) ................... two describes publication false and malicious the of statements pictures or that cause injury another to person. 4l .. describes use of spoken the wordsto harmsomeone's reputation.

j: Speaking Lawyer*c[ient lntenrieu

33 Afterdiscussing case with charles,Nickdecides the to referit to one of the volunteer lauryers. Workwith a partnerto conductan initiallauryer-client interview. student A: Youare charres.considerwhat you said during the initial rawyer-crient interview, weil as the contentsof the retterfrom as carmecom's rawyers. prepare what reailyhappened? yourserf for an interview with the volunteer lawyer. student B: Youare the vorunteerrawyer. consider what you havearready beentord aboutthe case and prepare yourfirst interview for with charres.use the wASpapproach irustratedin Exercise 26. Discussin groups.what shouldthe lawyer advisecharlesto do?

friting:Reply a demard to [etterdefending cr en)rng allegations the made

Put the elementsof a repryto a demandretter(a-e) into the order in whichyou wouldexpectto see them. Notethat this letter also includes a counter_demand. a Reference the claimsmade by the otherside: to aileged... / ailegationsmade by ... b what you wantthe otherside to do and the consequences if these demands are ignored (this wourdonrybe incruded you decideto if makea counter_ demand, e.g. for yourcrientto be refunded moneyfor his the raptop): We look forwardto receiving... by ... ... failing which,we witt ... c Explanation your role in the case: of We write to advise that we ... ... has been referredto us. Reference the case or client in question: to R e :. . . Yourclient'sdefenceto the craimor deniarof the ailegations made: Our client denies/ accepts/ refutes/ contends ... on the best defence Charles for and writea replyto Carmecom,s I letterusingthe guidelines Exercise in 35.
Unit3 Tortlaw

Focus Language
thesetables by fillingin the correctnounand adjective 1 WordformationComplete forms of the verbslisted.

verbs in the box' 2 Legalverbscompletethe excerptbelowfrom a case brief usingthe

lnc' a Rent Car, System v. Ventricelli Kinney CASE: on trunkl.Heand a friendwerestanding a rented carthat had a defective Kinney FACTS: namedMaldonado whensomeone trunkshut, car's tryingto get the parked the street, his crashed carinto Ventrcelli. Trial for pRocEDURAL . ..Kinney negligence.The court 1) H|STORY:Ventricelli......999i.. ' TheAppellate 4) Kinney " him 5550K. and Ventricelli 3) . 2) ..... ............... New appealed.The Yorksupreme the and dismissed case.Ventricelli Court5) NewYorkSupreme the Courtand dismissed case'The the Appellate Court6) it of a cause the accident, wasnot the was negligence court 7) , whileKinney's cause. oroximate
L (uK) boot

made by a clientwith an to lnterviewquestionsRespond these statements Try mightask tn an interview. to use the three question that a lawyer appropriate question, - open question, askingfor a yes or negative question typesyou learned no response at least once eacn'

t Thefacts of the case are veryslmple' system Renta car. 2 I renteda car with a brokentrunk from Kinney wouldn'tclose. 3 Thetrunk of the car
4 I tried to closethe trunk,and my friendhelpedme. noise' 5 Thenwe hearda crashing