 |
Тopic 11. Contract. Vocabulary. Примеры статей для перевода на экзамене. MARKETS
|
|
|
|
Тopic 11
Contract
A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept). Breach of contract is recognised by the law and remedies can be provided. Almost everyone enters into contracts every day. Sometimes written contracts are required, such as when buying a house. However, most contracts can be and are made orally, like buying a law textbook, or purchasing coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution).
According to legal scholar Sir John William Salmond, a contract is " an agreement creating and defining the obligations between two or more parties".
The most important feature of a contract is that one party makes an offer for an arrangement that another accepts. This can be called a 'concurrence of wills' or 'ad idem' (meeting of the minds) of two or more parties. There must be evidence that the parties had each from an objective perspective engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement. An objective perspective means that it is only necessary that somebody gives the impression of offering or accepting contractual terms in the eyes of a reasonable person, not that they actually did want to form a contract.
Contrary to common wisdom, an informal exchange of promises can still be binding and legally as valid as a written contract. A spoken contract should be called an oral contract, which might be considered a subset of verbal contracts. Any contract that uses words, spoken or written, is a verbal contract. Thus, all oral contracts and written contracts are verbal contracts. This is in contrast to a " non-verbal, non-oral contract, " also known as " a contract implied by the acts of the parties", which can be either implied in fact or implied in law.
Vocabulary
| exchange | обмен |
| promise | обещание |
| refrain | воздерживаться |
| breach | нарушение |
| remedy | Средство судебной защиты |
| habitual | обычный |
| obligations | обязательства |
| important feature | Важная особенность |
| offer | предложение |
| arrangement | Соглашение, договоренность |
| evidence | Основание, очевидность |
| requirement | Требование, необходимое условие |
| wisdom | мудрость |
| valid | Действительный, имеющий силу |
| consider | Рассматривать, обсуждать |
| imply | Значить, подразумевать |
| enforceable | Осуществимый, обеспечиваемый |
| thus | Так, таким образом |
|
|
|
Questions:
1. What is a contract?
2. What Latin phrase is contract law based on?
3. Is breach of contract recognized by the law?
4. How can contracts be made?
5. How can contract law be classified?
6. What is a contract according to legal scholar Sir John William Salmond?
7. What is a 'concurrence of wills'?
8. What does an objective perspective mean?
9. Can an informal exchange of promises be binding and legally as valid as a written contract?
10. What is a verbal contract?
11. What is a " non-verbal, non-oral contract"?
Примеры статей для перевода на экзамене
Исходя из того, что одной из форм контроля знаний студентов является ознакомление с содержанием текста статьи по экономической тематике и изложение его содержания на русском языке, ниже приводятся статьи объемом 1500 печатных знаков, которые будут представлены на экзамене по английскому языку.
Работа с текстом статьи предполагает выполнение ряда требования:
- понять общее содержание всего текста;
- прочитать и письменно перевести указанный выделенный курсивом отрывок (600 печ. знаков) со словарем за 35 минут;
- вести беседу с преподавателем на иностранном языке по пройденным темам устной речи.
MARKETS
The function of a market requires that both parties expect to become better off as a result of the transaction. Markets are efficient when the price of a good or service attracts as much demand as the market can currently supply. The chief function of a market is to adjust prices to accommodate fluctuations in supply and demand. An economic system in which goods and services are exchanged by market functions is called a market economy. An alternative economic system in which non-market forces determine prices is called planned economy or command economy. The attempt to combine socialist ideals with the incentive system of a market is known as market socialism.
There are various types of markets and organizational structures to assist their functions. A market can be organized as an auction, as a shopping center, as a complex institution such as a stock market, and as an informal discussion between two individuals.
In economics, a market that runs under laissez-faire policies is a free market. It is “free” in the sense that the government makes no attempt to intervene through taxes, subsidies, minimum wages, price ceilings, etc. Markets may be distorted by a seller or sellers with monopoly power, or a buyer with monophony power. The level of organization or negotiation power of buyers, markedly affects the functioning of the market. Markets where price negotiations do not arrive at efficient outcomes for both sides are said to experience market failure.
|
|
|
‘Market’, Wikipedia
|
|
|
