FORMING A CONTRACT 2 PROFESSIONAL ENGLISH IN USE FOR LAW

 

PROFESSIONAL ENGLISH IN USE FOR LAW 32. FORMING A CONTRACT 2

 

A Form of contract A binding contract must be: ·         in the form required by the law; ·         between parties with the capacity to contract – that is, legally capable to contract – or made by agents or representatives of the contracting parties with the authority to act. It should be: ·         enforceable in the event that one of the contracting parties fails to perform the contract. It may be: ·         made in writing ·         made orally ·         implied from conduct, that is, by the behaviour of the contracting parties. B Void or voidable or unenforceable contracts Sometimes a contract may be defective and may consequently be void or voidable or unenforceable. A contract may be void – that is, no contract exist – if one, or both parties is not recognised in law as having legal capacity to consent to a contract, for example minors – young people under 18 – or persons with certified mental incapacity. EXERCISES 32.1 Replace the underlined words and phrases in a solicitor’s conversation with his client with alternative words and phrases from A opposite. Pay attention to the grammatical context. There is more than one possibility for two of the answers. Solicitor: Does she have the (1) power to act as his agent in this agreement? Client: Yes, she’s acting on his behalf. 32.2 Complete the sentences with words from the box. Look at A and B opposite to help you. barred delivered performed required bound enforced recognised brought executed rendered treated consented implied set aside   1. The contract was __________ unenforceable after 12 years. 2. The contract was technically voidable but the parties __________ it as binding. 3. Because of the limitation period, you are __________ from bringing an action. 32.3 Complete the definitions. Look at B opposite to help you. 1. ____________________-time when an actionable event happened. 2. ____________________-amount of time which is available for someone to start legal proceedings 3. ____________________-the passing of a period of years

ANSWER KEY