Angličtina (1)
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LIST OF PROFESSIONS
Lawyer, attorney, counsel, prosecutor, solicitor, barrister, judge, notary public, paralegal, legal trainee, executor, pupil,
corporate in-house counsel…
LEGAL LANGUAGE: LEGALESE AND PLAIN ENGLISH
The legal English uses word with several meanings (trust, try, action, act…), Latin or archaic words and is often confusing for
non-lawyers. This “language” is known as legalese. This gave rise of what is known as the Plain Language Movement. This
philosophy believes that all legal documents should by written in a way so that can be understood easily. This includes
eliminating expressions which have a plain English equivalent, avoiding Latin and archaic expressions and using short
sentences and headings. It doesn’t involve abandoning and replacing legal terms. People are entitled to know their law, which
is known as principle of accessibility.
Using plain English results in greater profits of firms and saving time. The Movement has become binding policy in Australia,
the USA and the UK. The use of plain language is also taught at law schools.
4 – CONTRACTS
FORMATION OF CONTRACT
The first elements of the contract are offer and acceptance. Both must be communicated in a clear manner. The offer may
be taken back. Another element is consideration, which signifies the performances exchanged between the parties (money
from one party and goods from the other). It may have various forms (something given, done or agreed to be refrained). The
terms of the contract must be exact and certain. They are divided into conditions and warranties. Breach of conditions may
result in terminating the contract, whereas breach of warranties entitles you to seek damages. The terms may be express
(orally or in writing) or implied (they come from the law). The subject-matter must be legal and possible. At last, the parties
must have legal capacity.