Lesson 03 - Contracts

v. When a contract is unenforceable, the law will allow one of the parties to withdraw from it.

vi. Some verbal contracts must be supported by written evidence.

vii. An acceptance has to be unconditional, unequivocal, and legally communicated to the offeror.

viii. The law will not enforce a void contract.

ix. A bilateral contract is such one in which one party makes a promise and the other performs an act to accept the offer.

x. Duress and misrepresentation are examples of genuine consent.

xi. A counteroffer is something that cancels the original offer of the offeror.

(Source: Chromá M., New Introduction to Legal English I, Karolinum Press, 2011, p. 304)

7. Listening

Listen and complete this excerpt from a student's lecture notes by writing one word in each blank.

Introductory lecture on Contract Formation

Three requirements for formation:

1. ________________

2. ________________

3. intention to create ___________ relations

Agreement: when 4. ____________ become a settled deal

When an offer is made and 5. _____________ , there is agreement.

Questions about offer: who makes an offer in an auction? Is a 6. ________________ list an offer? Is an advertisement an offer?

Questions about acceptance: does acceptance have to be 7. ______________. Accept by 8. ___________________.

Consideration basically means the 9. ______________. If there is no consideration, the contract is not legally 10. _____________ .

Next week's lecture will cover rules of 11. ____________________.

(Listening: Introduction to International Legal English, CUP 2008, p.21, Listening 2.4, Track 8, CD1)

8. Forming a contract

Reading and peer review:

Read the example of an agreement and then in groups of three draft your own one. Send it to another group. Decide whether you can sign an agreement given to you by another group, or not. Make sure that all the required elements are included.

More examples on http://www.printablecontracts.com

Partnership Agreement

THIS AGREEMENT is entered into by and between the University of Houston, (''University'’) which is a state-supported institution of higher education established pursuant to sections 111.01 et seq. of the Texas Education Code, and is located at 4800 Calhoun, Houston, (''Facility') which is located at _______________________ . University and Facility shall be known collectively as ''The Parties’’ and singularly as ''a Party'' or '' the Party.''

WHERAS, the Parties seek to provide social work and human services educational experiences for an agreed number of students enrolled in programs of the Graduate School of Social Work at the University, (''Students''), and

WHEREAS, it is agreed by the Parties hereto to be of mutual interest and advantage that Students be given the opportunity to utilize the facility for educational purposes.

NOW, THEREFORE, the parties agree as follows:

ARTICLE I

RESPONSIBILITIES OF UNIVERSITY

University shall fulfil the following terms, obligations, and covenants:

(1) Provide information and assistance to Facility to implement a program of educational experiences, (''Program '') suitable to each students, including Students with disabilities,