REVISION

1. REVISION ENGLISH IV

2. Put the verbs in brackets into the appropriate forms: • Eachcountry _______(determine) thejurisdictionofitscourts to entertain a civil lawsuit. In federalcountriesorunitarysystemswithstrongtraditionsofregionalorprovincialjurisdiction (e.g., the US, the UK, Canada, andSwitzerland), it ______ (become) necessary to haverules to determineinwhichjurisdiction a civil suitmay ______(bring, passive). In some countries (e.g.Austria) thecentral (national) law ______(govern), whileinotherstheconstituentstatesmaydeterminethejurisdictionoftheircourtsthemselves (e.g., the US).

3. Fill in the missing words: enforcement, obligation, private, refers • Private international law _____ to that part of the law that is administered between___ citizens of different countries or is concerned with the definition, regulation, and ____ of rights in situations where both the person in whom the right inheres and the person upon whom the _____ rests are private citizens of different nations.

4. Dispute, governments, regulations, respect, set, transaction • It is a set of rules and ____ that are established or agreed upon by citizens of different nations who privately enter into a ____ and that will govern in the event of a ____. In this ____, private international law differs from public international law, which is the ___ of rules entered into by the ____of various countries that determine the rights and regulate the relations of independent nations.

5. Key • Private international law refers to that part of the law that is administered between private citizens of different countries or is concerned with the definition, regulation, and enforcement of rights in situations where both the person in whom the right inheres and the person upon whom the obligation rests are private citizens of different nations.

6. Key • It is a set of rules and regulations that are established or agreed upon by citizens of different nations who privately enter into a transaction and that will govern in the event of a dispute. In this respect, private international law differs from public international law, which is the set of rules entered into by the governments of various countries that determine the rights and regulate the intercourse of independent nations.

7. Exercise: What is a contract? • Completethetextusingthefollowing: agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms

8. agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms • It is an agreement that creates a binding ____ upon the parties. The essentials of a contract are as follows: mutual ____; a legal ____which in most instances need not be financial; parties who have legal ____to make a contract; absence of ____or duress; and a subject matter that is not ____or against public policy.

9. agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms • In general, contracts may be either ___or written. Certain types of contracts, however, in order to be enforceable, must be written and ____. These include contracts involving the sale and transfer of _____.

10. agreement, breach, capacity, consideration, damages, fraud, illegal, obligation, oral, performance, property, signed, terms • In case of a ____of contract, the injured party may go to court to sue for financial compensation (or ____), or for rescission, for injunction, or for specific performance if financial compensation would not compensate for the breach. Specific____of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise___ agreed

11. Key: • It is an agreement that creates a binding obligation upon the parties. The essentials of a contract are as follows: mutual agreement; a legal consideration which in most instances need not be financial; parties who have legal capacity to make a contract; absence of fraud or duress; and a subject matter that is not illegal or against public policy.

12. Key • In general, contracts may be either oral or written. Certain types of contracts, however, in order to be enforceable, must be written and signed. These include contracts involving the sale and transfer of property.

13. Key • In case of a breach of contract, the injured party may go to court to sue for financial compensation (or damages), or for rescission, for injunction, or for specific performance of financial compensation would not compensate for the breach. Specific performance of a contract is the right by one contracting party to have the other contracting party perform the contract according to the precise terms agreed

14. Fill in the gaps with the followig: breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • What is the purpose of the law of tort? Many lawyers describe this as the most disorganised area of law. It has even been described as ‘the dustbin of law’. Meaning that it is the place where all of the problems that other areas of law cannot deal with will eventually arrive.However, the principal purpose of the law of tort is to provide a____to those who have been___ by others. Some of these wrongs might be covered by criminal law or by contract law as well as by the law of tort, but some might not be.

15. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • However, people are notliable for wrongs to othersineverysituationinlife. Let’ssaythatperson A harmsperson B in some way. Isperson B entitled to whatlawyerscall____? Itiscertainlynotautomaticthatperson B can make a claimagainstperson A according to thelawoftort. Itdepends on thetypeofharmthathasbeencausedandunderwhatcircumstances.

16. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • The law of tort is based upon principles that have developed over many years. These principles explain what lawyers refer to as ‘tortious liability’. This is where one person or organisation has a duty in the eyes of the law not to harm another in any way. This duty is called duty of ____.

17. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • To make a successful claim against someone according to the law of tort, you must first of all establish that: • The person who has harmed you owed a duty of care to you, and • The duty of care was____. • In some cases you also need to provide the court with___of harm, but in other cases just proving that the duty of care was breached is enough.

18. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • The main objective of the law of tort is not to punish the wrongdoer, but to compensate the injured party. This compensation usually takes the form of a payment of money that is referred to as ___.

19. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • Let’s say that person A is driving dangerously and causes harm to person B by crashing into his car. In this example, person A has an automatic duty of care not to harm anyone in this way and that duty has been breached. A court might award damages to cover the cost of buying a new car. It might also award damages for any other expenses that person B has ____, such as loss of earnings if he is unable to go to work.

20. breached, care, damages, deterrent, distress, incurred, proof, redress, remedy, wronged • The court might also add a certain amount of damages to the sum awarded for things that are difficult to measure, such as person B’s pain and suffering. The phrase moral damage is not used in English to describe his kind of suffering. We usually describe it as ‘pain and suffering’ or ‘emotional ___. • Some lawyers think that the law of tort also acts as a ___in that people think twice before behaving in a way that could lead to harm.

21. Fill in the missing words: agree, argue,ask, contribute, do, establish, expect • Under what circumstances is a person guilty of the tort of negligence? Unfortunately, the definition of the term ‘negligence’ varies according to which book you are reading. The legal term ‘negligence’ has a much more complex meaning than the general English meaning of the word. However, most lawyers ___upon the idea that in order to establish negligence in a particular situation we must___three fundamental questions:

22. Fill in the missing words: agree, argue,ask, contribute, do, establish, expect, owe • Did the defendant___the claimant a duty of care? • Was that duty of care breached? • Did the defendant’s breach cause, or materially___to, the damage suffered by the claimant? • If the answer to all three questions is ‘yes’, then the defendant has been negligent in the legal sense of the word.

23. agree, argue,ask, contribute, do, establish, expect • To whom do I owe the duty of care? The case law in this area is complicated. However, there is a principle of English law that says that I owe a duty of care to anyone in situtations where it is reasonably foreseeable that my act or omission might cause harm to another person. In other words, it is a defence to an allegation of negligence to ___that no reasonable person would have anticipated that my act or omission would cause harm.

24. agree, argue,ask, contribute, do, establish, expect • Assuming that I can reasonably anticipate the result of my act or omission, what standard of care does the law___from me? How do I know when I have breached my duty of care? To answer this question, most English law students are asked to remember the general principle of negligence provided by a judge named Alderson in the case of Blyth v Birmingham Waterworks (1856). The judge said:

25. agree, argue,ask, contribute, do, establish, expect • ‘Negligence is the omission to___something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do’.

26. agree, argue,ask, contribute, do, establish, expect • Again, the question of whether or not I have breached my duty of care has been decided by an objective test. What would an ordinary, reasonable person do under the same circumstances? Finally, in order to firmly __negligence, the claimant must demonstrate that the negligent act of the defendant was the main cause of the damage complained of. A court will often ask:

27. agree, argue,ask, contribute, do, establish, expect, suffered • Was the chain of causation broken at any time? • Would the harm that the claimant ___have happened anyway, even if the defendant had not acted in a particular way? • Even where there is a clear chain of causation, was the damage too remote, in other words, not reasonably foreseeable by the defendant?

28. agree, argue,ask, contribute, do, establish, expect, imagine, suffered • In conclusion, establishing that someone has been negligent is not as straightforward as the general public might imagine.

29. Complete the following sentences with a preposition: by, under, at, upon, of • Do we agree___the fact that your client owed my client a duty of care? • We must ask ourselves what a reasonable person would have done___the circumstances. • The defendant did not take reasonable care when using dangerous chemicals and so he is guilty ___behaving negligently.

30. by, under, at, upon, of • The damage caused to the claimant was not reasonably foreseeable___the defendant. • ___what point do you think that the chain of causation was broken?

31. Introduction to Company Law: Exercise • Completethetextbyusingthefollowingwords: agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue

32. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue • A company is a ___entity, allowed by ___, which permits a group of people, as___, to create an organization, which can then focus on pursuing set____. It is empowered with legal rights which are usually only reserved for individuals, such as the right to____and be sued, own____, hire____ or loan and ____money.

33. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue • Theprimaryadvantageof a companystructureisthatitprovidestheshareholderswith a right to participateinthe_____, a proportionatedistributionofprofitsmadeintheformof a moneypayment to shareholders, withoutany personal____.

34. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue • There are various forms of legal business entities ranging from the____, who alone bears the risk and responsibility of running a business, taking the profits, but as such not forming any association in law and thus not regulated by special rules of law, to the____company with ___liability and to multinational ____.

35. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue • In a ____, members ‘associate’, forming collectively an association in which they all participate in management and sharing____, bearing the liability for the firm’s _____and being sued jointly and severally in relation to the firm’s contracts or tortious acts.

36. agreements, borrow, corporations, court, debts, dividends, employees, legal, legislation, liability, limited, objectives, partnership, profits, property, registered (x2), shareholders, sole trader, sue • Limited-liabilitycompanies, orcorporations, unlikepartnerships, are formednotsimplyby____enteredintobetweentheirfirstmembers; they must alsobe_____at a publicofficeor _____designatedbylaworotherwiseobtainofficialacknowledgementoftheirexistence.

37. Key • A company is a legal entity, allowed by legislation, which permits a group of people, as shareholders, to create an organization, which can then focus on pursuing set objectives. It is empowered with legal rights which are usually only reserved for individuals, such as the right to sue and be sued, own property, hire emoloyees or loan and borrow money.

38. Key • The primary advantage of a company structure is that it provides the shareholders with a right to participate in the dividends, a proportionate distribution of profits made in the form of a money payment to shareholders, without any personal liability.

39. Key • There are various forms of legal business entities ranging from the sole trader, who alone bears the risk and responsibility of running a business, taking the profits, but as such not forming any association in law and thus not regulated by special rules of law, to the registered company with limited liability and to multinational corporations.

40. Key • In a partnership, members ‘associate’, forming collectively an association in which they all participate in management and sharing profits, bearing the liability for the firm’s debts and being sued jointly and severally in relation to the firm’s contracts or tortious acts.

41. Key • Limited-liability companies, or corporations, unlike partnerships, are formed not simply by agreements entered into between their first members; they must also be registered at a public office or court designated by law or otherwise obtain official acknowledgement of their existence.

42. Complied,conferred, procedures, substantive • Ultra vires has two meanings: (1) ___ultra vires where a decision has been reached outside the powers ___on the decision taker; and (2) procedural ultra vires where the prescribed ___have not been properly ___with.

43. amenable, courts, doctrine, remedies, statutory • The ___of ultra vires gives ____ considerable powers of oversight over decision-making. The range and variety of bodies ____to the doctrine is large. Ministers, or any public body with ___powers, may be included. The doctrine also applies to companies and corporations that are amenable to the____ of declaration or injunction.

44. Key • Ultra vires has two meanings: (1) substantive ultra vires where a decision has been reached outside the powers conferred on the decision taker; and (2) procedural ultra vires where the prescribed procedures have not been properly complied with.

45. Key • The doctrine of ultra vires gives courts considerable powers of oversight over decision-making. The range and variety of bodies amenable to the doctrine is large. Ministers, or any public body with statutory powers, may be included. The doctrine also applies to companies and corporations that are amenable to the remedies of declaration or injunction.

46. Put the verbs in brackets into appropriate forms • A local authority that ___(enter) an agreement or contract that is outside its statutory powers _____(say, passive) to be acting ultra vires. In Hazel v. Hammersmith [1991] 1 All ER 545, the House of Lords ____(hold) that various speculative investments undertaken by local authorities ____(lack) express statutory authorization and were void with severe consequences for those who ____(invest) in local authority activities declared illegal by the courts..

47. Key • A local authority that enters an agreement or contract that is outside its statutory powers is said to be acting ultra vires. In Hazel v. Hammersmith [1991] 1 All ER 545, the House of Lords held that various speculative investments undertaken by local authorities lacked express statutory authorization and were void with severe consequences for those who had invested in local authority activities declared illegal by the courts.

48. Abuse, claiming, justice, legality, unreasonably • The grounds for ___ultra vires range from ___ of power, acting ___ (Padfield v. Minister of Agriculture, Fisheries and Food [1968] AC 997), or acting not in accordance with the rules of natural ____. Ultra vires is a formidable doctrine for the courts to intervene and challenge the ___of decisions.

49. Cases, finding, legal, parties • Ultra vires may result in significant consequences for the body exercising ___powers. In many___ the decision that is ultra vires may be said, in law, never to have taken place, with often severe consequences from such a ___on the ___to any agreement.

50. key • The grounds for claiming ultra vires range from abuse of power, acting unreasonably (Padfield v. Minister of Agriculture, Fisheries and Food [1968] AC 997), or acting not in accordance with the rules of natural justice. Ultra vires is a formidable doctrine for the courts to intervene and challenge the legality of decisions.