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295 views134 pages1 Introduction To Legal English
Uploaded by
Thiên Kim VõCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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/ 134
CAMBRIDGE Professional English
Introduction to
International
Legal English
A course for classroom or self-study use
Amy, Krois-Lindner.
Matt Firth
Ee)
Coleen
eZ
O
6
Ce)
TransLegal’ Contents
—— [Reading Listening | Wiiting and Language
| seaking
ae Linge Carai”
2 couse cscnions| 2 Gaciie | Sy sedate a
3 ease feoie | ~ Tatanyas: St
remuinen | ogame | Mwincana | asset
pavers oauaee
2 Lei spose
3 Pecan
Tai agige Fes pst
Unit 2 1 Contract iaw 1 Asking for Watting
* Longuege use: can / could / may /
nugne
contract taw | 2 Remeces for eteriteaton and | Emu acco
age 18 tweach of contact | gving expictions | Sprang + Text analysis: ai ofeice
3 contact couse | 2 Contacto ete |S grt ay
3 Conatons and | > Suman the
warrenies ar
Unit 2 Language Focus page 27
Dai 1 Toriow 4 Flows towauts | Wang ~ Key tr 4: Reporting procedural
Tort ow | 2 Case note 2 Student ever | Reply to ademand | nstory
vege26 | The Xen Low cine) centre [fenerdetentng” |. Large use: Astin romain
4 Letter Gremenine oF coring the “Text nafs: iia ower ebent
legal acon alegatons made |" enaew
Speaking ~ Key ters 2: Detamation
4 Case discussion
2 Froious onsuts
3 Lawyer-ctent
Liter
Unit 3 Language Focus page 38
Unit 4 2 Griinal a3 Whtecotar aime | wneng ~ Langage vse 1: Passive
timinat aw |? witecotar cre: | late Stet contary | tere sae consitons
ape insider desing an | 2 Podcasts + ey terms 3: Punishments
pis Speaking + Language use 2: Taking about couse
A Whitecolar crime | and effect
2 Short presentation | * Key terms 2: identity theft
3 Roleplay: advising | ~ Language use 3 Ghing vce and
Scien” “SE | etree ebgaton
Unit 4 Language Focus page ay
Unit 5 4 Company law 4 Lecture on company Speaking * Key terms 4: Who does what in
‘Company law | 2 Course in company 1 Role-play: lawyer company law
ae tow 2 Diectors meeting | cent intentow | - Language un: Discussing
3 Breach of 2 Roleplay: wer- | _atvarlages and deocrantages
Companies Act cllentinteview | - Key terms 2: Pue rioters
2008 + Text analyse: Reading w stance
Unit 5 Language Focus page sp
Unit 1 Conver! low | Prote ofa Wilt ~ Key ters: ils, nstaons nd
Commercial lew 2 Commercial iw | | commoriliewer | 3 Later of ppcaton | core ms ett
Fee interah 2 Mesting with | Summary + Language use: Ader functions
3 Role of commercia | crpras count | 2 Sun + Text ansis: Letter of appitation
\ rae 2 heametins erst ears
| 4 Commercial agency eee
| contact discussion options
5 The Commercial
Agents (Counc
Drecine)
Roguiatens 1998 Unit 6 Language Focus page 71
‘nstuments end peop
‘correspondence
1 Real property law | 4 Propertylew eae * Key terms 4:
2 Realpepery | presentation | Folowe ema invea property ww
investment lw {2 Telephone ena | Spoetng + Language use 3: Forming agetves
2 ora tenaney | buytoret 4 Choe emphasis to | _ With negative retres
aueement 3 Tolenbone eau: |" important penis * Language use 2: FarmeV/eformal
tenancy egreement > Using engich ons! eynanyme
the phone + Key tems 2: Buying ral property
+ ey terms 2: Comvayeneing
+ Tot anaials: Telephone eaves
Unit 7 Language Focus page &2
aaa 1 isting | Wiha Ty Gaal aoe
gation and | _ ation answer Sasson 1 Responding toa | _ligaon and atvaton
ftvaton”” | 2 Later ofivtaton | 2 Lawer-lent fear befor acon | - Language use 4: Future forms
page 83 3 lang itigation | Interview 2 Letter before action | ~ Language use 2: Formal in lgal
4 Cost of litigation
5 Letter before ection |
Speaking
4 Talk on itigation/ | + Language use 3: Establishing the
|
| crbivation fects
| 2 Lanyer-client
Interview |
Unit 8 Language Focus page 93
4 international ow]. Listening: CPO | witing ] = Key terme 4: Prepostons and
2 Developments in EU} seminar on labour | Followup letter prefises
tow law caer + Key terms 2: Lega instruments
3. US patent favs | 2 Mute 41 Debete + Language use: Explaining legal
4 Microsof v. AT&T Jurisdictions
ait. 9 Language Focus page 105
2 Defintions/Role-
play explaining
egal terms to: non-
lawyers
terms to nonianyors
Unit 10 ] Comparative law | 4 Legal translation
Comparative law 2 Course reader 2 Incompany course
page 1063 Asset protection
waiting,
Letter summarising
options
Speaking
1 Comparing and
contrasting
2 Advising on asset
nit 10 Language Focus page 114
protection
+ Language use:
Explaining, comparing
‘and contrasting
+ Languoge ski
Finding and
‘choosing lagal terms
= Text analyse:
text cohesion
ecourse markers for
Additional material page 15
{Case study : Contract law page n8
‘Case study 2: Company law page 129
Case study 3: Litigation and arbitra
Audio transcripts page 124
Angwer key page 140
Stossary page 55
19 employment law case page 122 8
1 } Acareer in law
THE STUDY OF LAW
Lead-in
The study of law differs from country to country, but mast law degree programmes!
include core (compulsory) subjects which al students must take. Which core courses are
typical in your country? How long does it take to complete a law degree?
Reading 1: A career in law
1 Read the text below and answer these questions.
4. Which courses do law students in the UK have to take?
2 Which optional courses might a student who wants to work in a big
law firm take?
The study of aw is intellectually stimulating and challenging, and can lead to @
variety of interesting careers.
In the UK and the USA, law degree programmes usually take three years to
‘complete. In the UK, these programmes typically include core subjects such as
criminal faw, contract law, tort law, land law, equity and trusts, administrative
taw and constitutional law. in addition, students are often required to take
courses covering skills such as legal writing and legal research.
There is also a variety of optional (elective) courses available. Since many
law students go on to become lawyers, students often take courses that
Will be useful to them during their future careers. Someone wishing to run @
‘small partnership or to work alone as a sole practitioner in a small town may
decide to take subjects such as family law, employment law and housing law.
‘Those wishing to work in a large law practice will consider subjects such as
company law, commercial law and litigation and arbitration.
Mary universities also offer courses on legal practice. Courses like this give
students the opportunity to experience the work of a lawyer before deciding
‘on a career in the law. Another way of finding out more about law in practice is
to get involved with a voluntary advice centre or law clinic. These clinics offer
tree legal assistance to the local community end provide a useful introduction
to some of the daytoday work of a lawyer.
For students wishing to work in a commercial practice, knowledge of foreign
languages is essential. When law firms hire new recruits, they generally look
at four things: education, personality, work experience and language ability
‘Since English is the language of the international legal community, law firms
increasingly expect graduates to have a good command of English.
2 (US) programs 2 Read the text again and decide whether these stetements are true (1) or false
(F). If the statement is false, correct it.
1. A course in family law is usually included among the core subjects at law
schools in the UK.
2 Some law degree programmes offer courses in some of the important skills that
lawyers need in order to do their work, such as legal writing or legal English.
3 Law clinics give law students the opportunity to leam about the legal problems
of the medical profession.
4 Today, commercial law firms expect recruits to be completely fluent in English.
3. When you record vocabulary, you should try to write down as many collocations
as you can, and not only single words.
How many collocations with the words legal (e.g. legal writing) and law (e.g. law
firm) can you find in the text?
Speaking 1: Law firms and courses
4 Discuss these questions with a partner. Look at the sample responses.
‘1 Whet type of law firm do you (think you would like to) work in?
I'd. like to work as a. sole practitioner, as I'd. prefer to be my
‘own boss.
| think a big law firm would be exciting.
2 Which optional courses are you taking / did you take during your studies?
This: semester, I'm taking an elective course in environmental Lau.
| took @ course on human rights law when | was in law school.
Reading 2: Course descriptions
5 Reading texts in a forelgn language often means encountering unfamiliar
words. Discuss these questions with a partner.
4. What is the best way to deal with unfamiliar words in a text?
2 Read the following list of strategies and discuss how useful they are.
‘What factors might affect the strategy you use?
© Try to understand the new word with the help of surrounding words.
© Look up every unknown word in a dictionary.
‘© Ignore the unknown word and read on.
© Look up some new words, ignore others.
© Analyse the unknown word: ask what part of speech it is (a noun or an
adjective, for example); if it has a root or a prefix (Latin or French, for
example) that may help you understand it; if it has a positive or negative
meaning, etc.
Keep these strategies in mind when reading the text on page 10.
Unit Acareerintaw (9 10
6 Quickly read the law course descriptions taken from a university website. Ignore
the gaps for now, Do you think this university is in the UK? Why (not)?
st-year course descriptions
Introduction to Law: This course aims to familiarize the student with the study of law; to begin
the development of certain basic skills, such as reading, analysis and synthesis of legal decisions,
and interpretation of statutes; to discuss fundamental aspects ofthe legal process, ¢.g. how courts
“make law” and the function of the courts with respect to statutory law.
3B) onsen»! This course covers the fundamental principles governing the formation,
interpretation, performance, and enforcement of contracts. In addition, special attention is given
lo the requirements of offer and acceptance, consideration, formal requirements, public policy, and.
the problems of choosing a remedy in case of a breach. Some attention will also be given to the
Uniform Commercial Code,
‘covered include liability for intentional and negligently caused
rict liability; vicarious liability; ultra-hazardous activities;
ty; nuisance; invasion of privacy; defamation; the impact of insurance and risk
distribution upon liability; accident compensation plans; damages; losses.
Se oe This course presents the basic concepts of criminal law. Crimes against
Persons, property, and public administration are covered, with special emphasis placed upon
the law of homicide.
Second-year course descriptions
Evidence: This course will explore the rules of evidence and their rationale, including relevancy,
hearsay, impeachment, ctoss-examination, opinions and experts, documents, and privileges.
Criminal Procedure: This course wil cover regulation of law enforcement conduct during the
investigation of crimes, with special emphasis on constitutional and statutory limitations. Topics
include search and seizure, confessions and incriminating statements, electronic surveillance,
entrapment, identification procedures, and remedies for improper police conduct.
9) non nnnrm—-oes-—- This Course covers the general principles of federal constitutional law,
including government authority and its distribution under the constitution; the judicial function in
constitutional cases; powers delegated to the national government and the reserved powers of the
states in areas of federal authority; intergovernmental relations; rights, privileges, and immunities
under the constitution; national citizenship; the contract clause; the federal constitution and the
‘amendments thereto,
5). ‘This course is designed to acquaint students with the nature of legal
research, Students will analyze judicial opinions; apply legal concepts and rules; and learn correct
‘egal citation and use of correct precedent. Special attention is given to the mechanics of legal
research, the techniques of writing memoranda, and briefs.
Abere 7 Choose the correct title for each course in the catalogue excerpt on page 10.
4 Criminal taw / Crime law
2 Law of the constitution / Constitutional law
8 Contract law / Contracting law
4 Legal research and writing / Legal investigation and writing
5 Liability law / Tort law
8 Read the excerpt again and answer these questions.
2. Which course covers basic skills that students will need during their studies?
2 Which course deals with research and writing skills needed in professional life?
3 Which course teaches students how to cross-examine a witness?
9 Underline three words you do not know. Try to guess their meaning by looking
at Surrounding words and analysing the words.
110 Which of the courses in the excerpt are/were you required to take In the law
degree programme you are/were enrolled in?
Listening 1: Law courses
Most universities now offer language courses for lawyers, and in some countries these
courses are compulsory. Some courses in legal English focus on the study of Anglo-
American legal systems and associated terminology, Others offer a more practical
introduction to the language skills Lawyers will need during their future careers.
You are going to hear a discussion between two law students, Heidi from Germany and
Pavel from Russia. They are each spending a semester studying law in England and are
liscussing the English courses they were required to take as part of the law degree
programmes in their respective countries.
14 4£2. Listen to the discussion and tick (V7) what each speaker says he/she did
on his/her legal English course.
Held!'s course Pavel’s course
(Speaker1) (Speaker 2)
4. worked on writing skills for lawyers a
2 practised legal research skills
8 learned about other legal systems
4 studied terminology
5 gave presentations
6 practised speaking about own legal system
oooo0oo0
oo0o000)
12 42111 Listen to the conversation again and then discuss with a partner which
course (Heidi's or Pavel's) most resembles your experience of legal English
80 far,
Unit A career In tw Language use: Comparative and superlative forms
13 The two law students In Listening 1, Heidi and Mare, compared the legal English
‘courses they took at their universities. Look at these sentences from the dialogue
(4-9) and match them with the rules regarding the use of comparative and superlative
forms (a-h). Some examples may match with more than one rule.
1. People here speak very quickly, which makes it harder to understand.
2 But now it's much easier- | can understand almost everything,
3 That's more dificult for me than understanding what people sy.
4 Yes, | think writing's the hardest thing to do in English,
5 Our course was more practical — we worked on the language skills that layers need.
6 We didn’t really work on speaking skills, though; it was more important to present
the terminology.
7 That was definitely the most usefi! thing we did.
8 It sounds like your course was better than mine.
9 | don't know if it was better, but it was certainly more language-based and more
skills-based.
Adjectives with one syllable form their superiative by adding -est.
Adjectives with one syliable form their comparative by adding —er
‘Short adjectives ending in -y form their comparative by removing -y and
adding ~ier.
Multisyllable adjectives form their comparative with more.
‘Compound adjectives form their comparative with more.
Multi-syllable adjectives form their superlative with most.
‘Some very frequent adjectives have irregular comparative forms.
Than is used to introduce the second element in a comparative structure.
oe
Faron
14 Complete this excerpt from an introductory talk given In the first session of a legal
English course. Use the correct comparative or superlative form of the adjectives given,
‘You might be expecting to leam a lot of detail about Anglo-American legal systems and
their foundations, but our focus this semester will be 1) ~ (practical)
than theoretical. We will mainly be working on language skills, such as writing letters
or speaking with clients. | am convinced this is the 2)... (g000) way
to prepare for using English for law. You may find this course 3)
(challenging) and 4) ..— (time-consuming) than you expected, but you
‘may also find it one of the 5) ... (useful) courses you take at universit
‘as many students have told me in the past. To make it 6) — (easy) for
you to plan your time, Ill be handing out a list of the readings and the assignments you'll
‘be working on this term,
Speaking 2: Learning approaches
15 Discuss these questions with a partner.
4 Which of the four skills ~ reading, writing, listening or speaking — do you find
the most difficult?
2 When it comes to learning legal English, which of the two courses discussed by
Heidi and Mare do you think offers the better approach? Explain the reasons.
{for your choice, using comparatives and superiatives if possible.
R LAW IN PRACTICE
Lead-in
Lawyers in smaller firms often advise clients on general legal issues, contacting colleagues
for assistance when necessary. Lawyers in larger firms tend to specialise in specific areas,
Such as advising on tax matters, dealing with commercial transactions or registering patents.
Which areas of law do you find most interesting and why?
Reading 3: Graduate recruitment programme
16 Read the advertisement for the Barker Rose Graduate Recruitment Programme
‘and answer these questions.
1 Do you need to have a law degree to qualify for the programme?
2 How will Barker Rose help graduate students qualify to become soli
600
For the ambitious graduate wishing to train as
2 commercial lawyer, we offer trainees first-rate
‘work in an informative, challenging and busy
‘atmosphere, where your contribution counts from
day one.
We require approximately 15 exceptional trainee
solicitors each year to contribute to our future
‘growth, in both our London and Manchester
offices.
We handle only commercial matters, offering
training in company, commercial and finance,
commercial litigation, employment, media,
energy, trade and commodities, shipping and
property law, and in the business skills essential
to success as a solicitor.
Strong academic qualifications, including a 2.1
degree! (any discipline). We take a flexible
approach and are willing to progress candidates
é a
were
whose application otherwise demonstrates first
rate personal qualities and experience.
‘Apply by 31st July two years before the start of
the training contract.
To apply online, please dick on this link:
‘ttp:/Awww.barkerrose.co.uk
‘We will pay your full course fees for both the GDL
‘and LPC, plus maintenance of £6,000 during your
GDL and €7,000 through your LPC study year?
¥ you would like further information, please
contact Graham Matthews, our Graduate
Recruitment and Trainee Manager, on 0650
‘581 8967 or by email at graduate.recruitment@
barkerrose.co.uk.
Barker Rose will be presenting its Graduate
Recruitment Programme at the University of
London Law Fair on 15 May at 2.30 p.m. in
the John Adams lecture theatre,
in the UK, differentclass degrees are awarded as follows: 1 (a first), 2.4 (a twoone), 2.2 (a twotwo),
32 third,
The Gradvate Diploma in Law (GDL) is a conversion course allowing those holding nontaw degrees in eny
‘Sebiect to convert to a career in law. After completing the GDL, students who want to become berrsters
“ze tne Gar Vocational Course (BVC) before entering the profession as pupil barristers. Students who.
‘rant to become solicitors take the Legel Practice Course (LPC) before becoming trainee solicitors.
MI
Unit A career in aw
B 17 Read these four descriptions of students and decide if they would be suitable for
the Barker Rose Greduate Recruitment Programme. Give reasons for your answers.
2 Andrea
Andrea is most interested in criminal law and has helped advise defendants
of their rights at her university taw clinic. She is very studious and is aiming,
for a first-class law degree.
2 Sandip
Sandip founded his own e-commerce business following @ disappointing 2.2
law degree. He is now in great demand as a gifted dotcom consultant, but
Would like to pursue @ career in commercial law.
3 Meral
Meral is interested in company law and is very ambitious. Her aim is to
become a partner in a law firm by the age of 30. She would like to begin her
training contract next year in order to get ahead as soon as possible.
4 Oren
Oren is a business-studies student and would like to pursue a career advising
‘companies on mergers and acquisitions. He had originally wanted to start his
‘own business, but decided on a career in law during his second year.
18 Discuss these questions with a partner.
1 Would the Barker Rose Graduate Recruitment Programme be of interest to
you? Why (not)?
2 If you had the chance to speak to someone about the programme, what
questions would you ask?
Writing: Short email
19 The Barker Rose Graduate Recruitment programme gives an email address
where you can write for more information. Write a short email asking the
‘Questions you discussed in Exercise 18, question 2. Use the opportunity
to give some information about yourself, your professional and academic
background and why you are interested in applying for the programme.
Listening 2: Graduate recruitment programme
20 4£2.2 Barker Rose are presenting their Graduate Recruitment Programme at
the University of London Law Fair. Listen to the first part of the presentation
and decide whether these statements are true (1), false (F) or not clear (NC).
1. The students at the presentation have recently taken their mid-term exams.
2 The speaker is a law graduate.
3 Most of the speaker's lawyer friends are partners in law firms.
4 The speaker will take questions during and at the end of the talk.
5 There were over 60 lawyers working for Barker Rose in 1979.
6 New associates can work in an area of law that interests them.
21. 421.3 Listen to the second part of the presentation and answer these questions.
2. How much do graduate trainees earn during their second year at Barker Rose?
2 How are year-end bonuses awarded?
3 What other benefits are paid for by the firm?
4 How many hours are associates expected to bill per year?
5 After how many years are some associates considered for partnership? 22 Some words can have several meanings. Choose the best explanation (a or b)
for each of these words or phrases as they are used in the presentation.
4. @ partner
@ one of the owners of a partnership (e.g. a law firm)
b someone's boyfriend, girlfriend, husband or wife
2 an associate
@ a person whose position at work is slightly lower or less complete than
the full official position described (e.g. an associate director)
b a person who is closely connected to another person as a companion,
friend or business partner
3 a bonus
@ a pleasant, additional thing
an extra amount of money given as a reward in addition to the money you
were expecting
4 benefits
@ a helpful or good effect, or something intended to help
b things such as medical insurance that employees receive in addition to
money
5 to practise?
8 to do something regularly in order to become skilled at it
' to work in an important skilled job for which a lot of training is necessary
Text analysis: Structuring a presentation
In order to be effective, a presenter must make the audience understand why the topic
{s important to them. ttis also important to make your points short, simple and clear.
Remember to KISS (Keep It Short and Simple).
23 This outiine gives a detailed summary of the main parts commonly found in
Presentations. Find each of the points in the ‘transcripts for audios 1.2 and 1.3
(page 125). Write down the line numbers at which each point can be found.
1 Welcome the audience
2 Introduce yourself
3 Introduce the topic
4 Tell the audience why they should be interested in the topic
5 Tell a short personal anecdote
6 Give an overview of the talk
7 Main point 4
8 Main point 2
9 Main point 3
10 Main point 4
44. Summary
12 Final ‘bang’ — leave the audience with a strong final impression
US) to practice
Units Acareerintaw [15 24 41.2, 13 Listen again to the whole presentation and complete this table of
useful phrases.
Language function Phrase
Welcoming the 1 Hello, everyone, ty
audience
2 It's great that so many of you were...
this morning.
{Introducing yourself | 3 OK, let me just...
[Introducing the topic | 4 I've been asked along.
Teling the audience | 6 ... (a programme) I'm sure will be of _
why they should be masa BS vee
interested in the
caren ) 6 Its rignt
Telling a short TV ccownomoee WHEN.
personal anecdote
8 I know from, that ..
Giving an overview of 9 There are aa--u like to cover today.
the talk
10 First, _---am fving you a little information about
Barker Rose. Il then go on to... what we have to offer to new
associates. _.Malso —a =.=
what we expect from our potential graduate recruits
Introducing the next "44 So, to... who are Barker Rose?
i
a 12 This brings ee ene POINE: WHA
43 This leads _ what ..
L 14 Let's now. _what we |
Conclusingthe «15 To, Barker Rose ..
presnaton 46 Finally, I'd like to
of my talk today,
25 How formal was the style of the presentation? Support your answer with
‘examples from the table above,
_... about what | said at the beginning
Speaking 3: Presentation
26 Prepare a short presentation on one of these subjects. Use the guidelines.
above to help you.
© What your university has to offer potential new undergraduates
(© What your law firm has to offer graduate recruits Language Focus
1 Vocabulary: types of law fitm Match the halves of these sentences about the
different types of law firm mentioned in Reading 1.
1 A commercial practice a is managed by partners who share profits and
responsibility equally.
2 Allarge law firm :
oe b works on his or her own, has no partners and
3 A law clinic usually handles smaller cases.
4 A partnership © advises clients on corporate and commercial
‘matters and may also negotiate transactions
5 A sole practitioner and solve business problems.
d can have 50 or more lawyers working on
complex matters for large organisations.
© gives students an opportunity to deal with real
clients and to develop their legal skills.
2 Vocabulary: /aw vs legal Complete these sentences by inserting either law or legal.
1 Instruction in Legal... English is becoming compulsory in a growing number
of law faculties all over the world.
2 After university, my work as a trainee solicitor gave me useful experience in
commercial Itigation, and I was offered a good position in a large firm.
3 During my studies, | volunteered at a local . _ clinic, where | provided
free _ —. assistance to people who could not afford to pay for a lawyer,
4 Some of the most important courses a student completes during his or her
Studies of the law are skills courses, such as courses in _ —.. writing
and... research,
3 Prepositions Complete these phrases from the lawyer's talk in Listening 2 wit
Prepositions in the box.
the
about about about _at_by by for for ftom of on to to to with
a First, I'l start bu... giving you a little information uuu. Barker Rose.
'b Our Graduate Recruitment Programme includes an excellent set
benefits ~~ Students prepared to commit themselves fully,
¢ Ill then go .-. to Outline what we have to offer __ new
associates.
d OK, let me just start....__.... introducing myself.
@ Finally, ll also talk a |i oom What we expect our
potential graduate recruits.
Hello, everyone, and thanks _. coming along.
Finally, like to remind you _—. What | said
of my talk today.
ao
ano. the beginning
h So, to start. + who are Barker Rose?
i This brings me _ my next point: what benefits can successful
applicants _ Our Graduate Recruitment Programme expect?
4 Ordering Number the statements in Exercise 3 in the order in which they most likely
oreurred. You may want to listen to the talk again to check if your answers are correct.
if 2 } Contract law
THE STUDY OF LAW
Lead-in
Its diffcutt to imagine going very long before making some kind of agreement enforceable
by law. Whenever we buy goods and services, we enter into a contractual relationship.
4. What kinds of contract have you entered into recently? Make a list of some of
the goods and services you have bought of used over the past 48 hours.
‘Compare your list with a partner. Is it always clear whether the above are goods
or services? How would you classify the electricity you consume every day?
Reading 1: Contract law
This text deals with some of the main features of contract law.
2 Read the first paragraph. What is necessary for a valid contract to be formed?
3 Now read the whole text. Which two remedies following a breach of contract
are mentioned? Are any other options available in your own jurisdiction?
4 Read the text again and decide whether these statements are true (T) or false (F).
1 In all legal systems, parties must give something of value in order for a
contract to be formed.
2 An offer must be met with a counteroffer before a contract is agreed.
3 Oral contracts are not always valid.
4 If in breach, the court will always force the party to perform the contract.
5 Assignment occurs when one party gives its contractual rights to another party.
Contract law deals with promises which create legal rights. In most legal
systems, a contract is formed when one party makes an offer that is accepted
by the other party, Some legal systems require more, for example that the parties
give each other, or promise to give each other, something of value. In common
law systems, this promise is known as consideration. In those systems, a
one-sided promise to do something (e.g. a promise to make a gift) does not
lead to the formation of an enforceable contract, as it lacks consideration.
When the contract is negotiated, the offer and acceptance must match each
‘ther in order for the contract to be binding. This means that one party must
accept exactly what the other party has offered. If the offer and acceptance
do not match each other, then the law says that the second party has made
@ counteroffer (that is, a new offer to the first party which then may be
accepted or rejected).
For there to be a valid contract, the parties must agree on the essential terms.
These Include the price and the subject matter of the contract. Contracts may be made in writing or by spoken words. If the parties make a
Contract by spoken words, itis called an oral contraet. In some jurisdictions,
Gatain special types of contracts must be in writing or they are not valid (e.g.
the sale of land).
Contracts glve both parties rights and obligations. Rights are something
Positive which a party wants to get from a contract (e.g. the right to payment
of money). Obligations are something which a party has to do or give up to
et those rights (e.g. the obligation to do work).
When a party does not do what itis required to do under a contract, that
Party is sald to have breached the contract. The other party may file a lawsuit
against the breaching party for breach of contract. The non-breaching
arty (sometimes called the injured party) may try to get a court to award
damages for the breach. Damages refers to money which the court orders
the breaching party to pay to the nonbreaching party in compensation. Other
remedies inckide specific performance, where a court orders the breaching
Party to perform the contract (that is, to do what it promised to do).
A party may want to transfer its rights under a contract to another party. This
's called an assignment. When a party assigns (‘gives’) its rights under the
Contract to another party, the assigning party is called the assignor and the
Party who gets the rights is called the assignee.
5 Complete these sentences using the words in the box.
breach counteroffer damages formation obligations oral
contract_terms
2 Usually, contract ...____.___ occurs when an offer is accepted,
2 Anew offer made by one party to another party is called a
3 The price and the subject matter of a contract are the essential
etme OF @ Contract,
4 A contract which is not in written form but has been expressed in spoken
words is called an
5 Under a contract, a party has
it has to do).
When a party does not do what it has promised to do under a contract,
it can be sued for _ aocnseme OF contract,
7 Acourt can award ——----u 0 the non-breaching party.
(that is, certain things
© Match the verbs in the box with the nouns they go with in the text,
accept award breach enforce file form make negotiate perform
feject
4. an offer
2 acontract — __
3 damages
4 a lawsuit
7 Which other verb-noun collocations are possible with the words in Exercise 67
Unit 2 Contract law {19 20
8 With a partner, take turns to look at each of the verbs in the box in Exercise 6
and discuss whether the following subjects can carry out the action in question:
1a party 2 the parties 3 the court 4 a lawyer
awe: Well, a party accepts an offer, and a Lanyer can accept an
offer, too. But | don't think you can say thab a court accepts an offer.
Reading 2: Remedies for breach of contract
9 Read this excerpt from a law textbook. What does the word remedy in the text
mean?
REMEDIES FOR BREACH OF CONTRACT
Ifa contract is broken, the injured party might be expected to demand any of the
following:
* to have what they gave returned to them Crestitution’)
+ compensation for their loss damages’)
* the other pany to be forced to perform the contract (‘specific performance’)
In the common-law tradition, damages is the usual remedy that a court awards for
a broken contract. Restitution and specific performance are available only in
certain circumstances.
10 According to the text, what is the most common remedy for breach of contract
in the legal systems of English-speaking countries? What is the most common
remedy in your jurisdiction?
Listening 1: Asking for clarification and giving
explanations
4 Listen to the first part of a short conversation between two law students,
who are discussing the law textbook excerpt in Exercise 9. What is the first
student confused about?
12 42.1 Listen again and tick (/) the expressions the student uses to ask for
clarification.
1. What does that mean?
2 Sorry, | don't follow you.
3 | don't understand that.
4 | don't know what that word means,
5 That doesn't make sense to me.
6 I don't get it.
oo0000
13 How would you explain to the student what the term damages means and how
It differs from the word damage? Discuss this with a partner.
14 422.2 Listen to the second part of the dialogue and compare your answer with
what the second student in the dialogue says. 15 £22 Listen again and tick (/) the expressions the second student uses for
giving an explanation,
21. Well, i's quite straightforward,
2 Allow me to clarify.
3 Let me explain.
4 What this word means is ...
5 It's like this,
6 In other words, ...
oooo000
16 Which of the expressions in Exercise 15 is the most formal? When would you
use this more formal way of giving an explanation?
Speaking 1: Terminology
17 With a partner, take turns choosing and explaining one of these terms in your
‘own words. Can you guess which word your partner is defining?
© damages © specific performance © restitution
© assignor © assignee © the breaching party
© the nonbreaching party © the injured party C_ remedy
tening 2: Contract law lecture
18 4£23 Listen to the beginning of a lecture on contract law. What is the general
subject of the lecture?
19 42.4 Listen to the whole lecture and answer these questions.
1. Which of these terms does the speaker mention?
agreement [] counteroffer (]
consideration [ acceptance []
negotiation [] remedy Oo
offer o
2 What topic will the lecturer talk about next time?
20 42.4 Listen again and complete this excerpt from a student's lecture notes by
writing one word in each space.
Intreductary lecture on Contract Formacton
+ Three requirements For Fermaction
Dd. =
2) Sams
3) intention $0 eAKE enone rdattors
+ Agrecmont: hon 4) neuen DECOM 0. setHled deal
+ When an offer ts made and 5) ww » there is agreament.
+ Questions about offers: eg. uic makes an oFfar m an ouctin? Is a
a. lst an offer? Is an advatecoment an offa? ..
+ Questons abaxt acceptance: does acceptance have to be
” 2 Accopt by 2)
+ Consideraction bastcally means the 4) nn TF there ts 10
concideracton, the contract is rot legally 40)
+ Next wedk’s lecture will cover rues oF 44)
Unit 2 Contract law ( Speaking 2: Summarising the lecture
21 A fellow student missed the introductory lecture on contract formation and has asked you to explain
the most important points to him. Taking turns with a partner, explain in your own words what the
lecturer said about the following topics. if you don’t understand something, ask for clarification.
When your partner has finished explaining, say whether your partner has left something out or
whether you understand it differently.
(© agreement: what it is and when it occurs questions about acceptance
O questions about offers © consideration: what it is
LAW IN PRACTICE
Lead-in
Lawyers are often consulted by clients who need advice in contract disputes. What kinds of things could
lead to such disputes?
When meeting with a client to discuss a dispute, a lawyer will generally explain how the law relates to the
contract in question. This may mean helping the client to understand technical terms and important legal
concepts. It will often be necessary to examine a particular clause, of section of the contract, carefully.
Reading 3: Contract clause
22 Read the clause from a contract and answer these questions.
4 Which word means ship or boat?
2 What does the clause deal with?
3 What words are used to refer to each party to the contract?
4 What do you think probable readiness means?
5 What does the word shall mean in the context of this clause?
2 a The buyer shall nominate the date of shipment. The buyer shall give the seller at least two
‘weeks’ notice of probable readiness of vessel(s) and of the approximate quantity to be loaded.
b Upon notification of probable readiness of vessel(s). the seller shall
‘nominate a port for the loading of goods.
© Shipment is required no later than 22 May 2008.
23 Complete these lists of obligations using your own words. How are the obligations expressed in the
actual contract clause?
Buyer must:
24 Discuss with a partner what can go wrong in connection with a clause like the one in
Exercise 22. What might the consequences be? Listening 3: Conditions and warranties
25 4£25 You are going to hear a conversation between a lawyer (Mr Dawe) and
his client (Mr McKendrick, Director of Export Threads, the seller referred to in
the contract extract in Exercise 22). Listen to them discussing the case and
answer these questions.
4. What is the name of the buyer in this dispute?
2 Why does Export Threads want to terminate the contract?
3 Does a breach of contract automatically allow one party to terminate
the agreement?
4 Does the lawyer think that Export Threads has 2 strong case?
‘5 What legal grounds might Export Threads have for terminating the contract?
26 Read the audio transcript of the dialogue on pages 125-126. Underline the
Phrases which mean / don't understand and those used for giving an explanation.
27 a In the dialogue, the lawyer says that his client relied on the seller to notify
him of the date of shipment. The term reliance refers to depending on
‘someone's promises. Read these definitions of reliance (1-3) and match
each with its source (a-c).
1
reliance
1 The act of relying on someone or something; trust.
2 The condition of being reliant or dependent,
3 A person or thing which relies on another.
Ls
reliance n, the act of relying; taking action
as a result of another person’s promises or
assurances. Compensation may be available
for losses incurred by a claimant resulting
from such reliance (reliance damages).
3
reliance /r1'larans/ noun [U]
when you depend on or trust
in something or someone:
The region's reliance on
tourisin is unwise,
You place too much reliance
on her ideas and expertise.
‘a The Cambridge Advanced Learner's Dictionary
b an online legal dictionary
© The Wiktionary (an online dictionary created by Its users)
b Which of the dictionaries did you find most useful? Why?
© What role do you think reliance plays in this contract?
Unit2 Contract law ( 23 Language use: can / could / may / might
In his conversation with his client, Mr Dawe talks about a number of possibilities,
for example the possibility that Drexler might sue him for breach of contract.
There are several ways to talk about possibilities in English:
© can / could (but not may / might) are used to say something is generally
possible:
| really don’t see how they ean / could sue us. (= | don’t see how it is / would
be possible for them to sue us.)
Lreally- den't-see-hew-they- may “might-sue+is-
‘© may / might / could (but not can) are used to talk about the chance that
something will happen or is happening:
They may / might / could sue you. (= It is possible they will sue you.)
They-oan-sue-you:
© may not / might not (but not could not) are used to talk about a negative
possibility in the future:
Drexler are saying that we are unreasonably refusing delivery, but | guess if
we make our side clear, then they might not take any action against us?
(= It is possible they won't take action.)
‘On the above example, using could not would change the meaning from
possibility to ability:
Drexler are saying that we are unreasonably refusing delivery, but | guess if we
‘make our side clear, then they couldn't take any action against us? (= They
~~ _ would not be able to take action.)
28 Rewrite these sentences using a suitable form of can, could, may or might.
1. | don't see how it is possible for them to sue us.
L don't. see. Mow they can./_ could. <4 4 & —
2 It we offer a generous out-of-court settlement, it is possible that they will
not sue us.
It ~
3 You shouldn't breach the contract. It is possible they will sue you.
They ..... =
4 If you can assure us that such a breach will not happen again, then it is
possible that we won't take any further action,
ra Text analysis: Email of advice
29 This email summarises the discussion between the lawyer, Mr Dawe, and his
client. It contains four errors of fact. Find and correct the errors.
ES = = aS]
‘Subject: The termination of your contract with Drexier Inc, |
Dear Mr McKendrick
Thank you for coming to see me on 30 May when we discussed the termination of your
Contract with Drexler Inc. | am writing to summarise our discussion and to confirm your
instructions,
You told me that Drexler Inc. agreed to purchase a large quantity of goods (exact amount
unspecified) from your firm, Export Threads, Under clause 2a ofthe contract, Drexler were
to give you two days’ notice ofthe date of shipment so that you could arrange a lorry forthe
transportation of the goods. You were unable to arrange this because Drexler filed to let you
know by the agreed date, You now wish to terminate the contract.
The legal issue here is whether or not Drexler's breach is enough to allow Export Threads to
terminate the contract without being lable for damages. ifthe contract term in question can
bbe shown to be a condition, you will be able to terminate the contract without fear of damages
being awarded against you. i the term is simply a warranty, you will be able to claim damages
to cover any costs you have incurred as a result of this breach, but may not actualy terminate
the contract,
Recent case law suggests that if you do choose to terminate the contract, and if Drexler
subsequently decide to sue you, the courts would rule against you. Your contract involves a
chain of sales, and in such cases, the need for certainty is very important. You were unable to
arrange the loading of the goods as a direct consequence of Drexler's breach of clause 2a, and
this term would be interpreted as a condition
| will write a letter to Drexler Inc. outining the above and notifying them of your intention
to renegotiate the contract. | will request confirmation fram Drexler that they accept our
Interpretation both of the events and ofthe relevant law, and that your termination of the
Contract will not lead to any unnecessary legal action on their part. | will be in touch again
| shortly. tease do not hesitate to contact me if you have any questions.
With kind regards
Charles Dawe
= %
30 The email in Exercise 29 follows a standard pattern for an email of advice from
a lawyer to a client. Match each paragraph (1-5) with its correct label (2-e),
@ Opening paragraph
b The lawyer's proposed action
© The lawyer's advice
d Summary of the facts
@ The legal issue(s) 26
31 During this course, you will be asked to write several letters and emails of
advice. Read through the email in Exercise 29 and highlight any phrases that
would be useful in your own legal correspondence.
exawpies: Thank you for_coming to see me on 30 May when we
discussed ..
Writing: Email of advice
32 Use these notes of an interview with a
the email in Exercise 29 as a model.
Gayere
answen|
nt ta write an email of advice. Use
7 November
ont ~Berlingua Language School (Joanna Staines)
Other party - Simon Burnett, Burnett TV Sup]
Facts
Ms Staines (Director of Studies, Berlingua) bought a new satellite system (including
built-in hard drive) at 50% of the normal price from Burnett TV Supplies for
educational use. She mainly wanted to use it ta record foreign-language TV
programmes for use during lessons.
‘When she first set it up and tried to record, she realised that the timer function was
broken. This means someone has to physically press ‘record’ and’stop’ whenever
they want to record something,
Ms Staines has asked for a replacement, but was told that she couldn't expect it
to work perfectly at such a cheap price. They have refused to replace it, but have
offered to repair it at a cost of £130.
Legal issues
Defect not pointed out at time of purchase; if reduction due to imperfections, seller
MUST inform client (Sale of Goods Act).
AdvicelAction
Ms Staines is entitled to either a full refund or a replacement system (her choice). 1
outlined the options, Ms Staines is considering which to go for. I'm pretty sure thatiit
will only take one letter from us before Burnett backs down - hed have no chance in
the small claims court!
me Now turn to Case Study 4: Contract law on page 118. Language Focus
1 Word formation Complete this table.
on en one Adjective
assign assignment
zz (non breaching
[ negotiate ae E:
a offeror/offeree 1
= mi == reliable
2 Prepositions Complete the following sentences about contract law using the
prepositions in the box.
against_for_for_in ite to to under
1. An individual or a business may enter a contract.
2 Anyone who is not a party _ the contract is considered a third party
and cannot be obligated to do anything required -vmowe the contract.
3 If one of the parties breaches a contractual obligation, the non-breaching party
may file a lawsuit nan the breaching party.
4 Furthermore, a party will not be required to perform its contractual obligations if
another party is breach,
5 Damages are awarded ov 8 PMY nan BMY 1088 that the party
has suffered as a result of a breach of contract.
6 However, a party will not always be able to recover all losses when suing
: damages.
3 Language functions Unscramble the following phrases for asking for clarification.
4 that What mean? does What does that mean?
2 1 you follow don't
3 that | understand don't
4 | means don't what that know word
5 make That sense to doesn't me
4 Verb-noun collocations Choose the correct verbs.
4 My client has requested me to make /(file)/ award a lawsuit against you for
breach of contract.
You accepted / awarded / admitted the offer my client made to you.
3 When you signed the contract, legal rights were called / claimed / created which
are enforceable under the law.
4 Since you have not carried out your obligations under the contract, you have
clearly assigned / rejected / breached the contract.
5 My client intends to claim / accept / enforce damages for all of the losses
incurred as a result of the breach.
.
7 3 Tort law
ee
28
THE STUDY OF LAW
Lead-in
The word tort is usually unfamiliar to leamers of English. As with other legal English
terms, many native speakers of English who do not work in the law would not know the
word either. What do you think it means?
1. a The area of tort law covers a wide range of cases. Match these case
descriptions (1-3) with the case names (a-c).
1 Accivil case for wrongful death which fotiowed an unsuccessful criminal
prosecution for murder
2 An urban legend about a woman who sued @ company for damages because
the instruction manual for her microwave oven gave no waming against the
way she used it
3 A 1994 case in which $2.7m in damages were awarded
a Liebeck v. McDonald's Restaurants
b The People v. OJ Simpson
© Hubbard v. Speedicook
b What do these cases have in common?
2 Complete the definition below using the words in the box.
act_demages _harm_party
to
Tort: a wrongful 4) _--. that causes 2)
another person for which the injured 3).......
4).
may request
Reading 1: Tort law
3 Read the text on page 29 on tort law and answer these questions.
1 According to the text, what are the two main objectives of tort law?
2 An injured party can sue for damages or for an injunction. According to the
text, what types of loss can be compensated by an award for damages?
3 What does the term injunction mean? Use the Glossary if necessary.
4 A manufacturer produces a dangerous toy train. What category of tort Is this?
4 Match the adjectives (1~6) with the nouns (a-f) they collocate with in the text.
2 civil a damages
2 contractual b wrong
3 injured © misrepresentation
4 fraudulent 4 party
5 medical relations
6 monetary # expenses A tort is a civil wrong that can be remedied by awarding damages (other
remedies may also be available). These civil wrongs result in harm to a
Person or property that forms the basis of a claim by the injured party. The
harm can be physical, emotional or financial. Examples of torts include
medical negligence, negligent damage to private property and negligent
misstatements causing financial loss.
There are many specific torts, such as trespass, assault and negligenc
Business torts include fraudulent misrepresentation, interference in
Contractual relations and unfair business practices,
Torts fall into three general categories: intentional torts (e.g. unfalr
Competition), negligent torts (e.g. causing an accident by failing to obey
traffic rules) and strict lability torts (e.g. liability for making and selling
defective products).
Why some wrongs are dealt with by tort law (or the law of torts) and others
Considered criminal offences is the subject of some debate. However, there
are certainly overlaps between tort law and criminal law. For example, a
defendant can be liable to compensate for assault and battery in tort and
also be punished for the criminal law offence of assault.
Differences between tort law and criminal law include: the parties involved
(the state brings an action in crime, a private individual brings an action
in tort); the standard of proof (higher in criminal law); and the outcomes
(@ criminal action may result in a conviction and punishment, whereas an
action in tort may result in lability on the part of the defendant and damages
‘awarded to the claimant’),
The primary alms of tort law are to provide relief for the harm suffered and
deter other potential tortfeasors from committing the same harms. The
injured person may sue for both an injunction to stop the tortious conduct
and for monetary damages.
Depending on the jurisdiction, the damages awarded will be either
compensatory or punitive. Compensatory damages are intended, as far as
itis possible, to put the victim in the position he or she would have been
in had the tort not occurred, Punitive damages are awarded to punish a
wrongdoer. As well as compensation for damage to property, damages may
also be awarded for: loss of earnings capacity, future expected losses, pain
and suffering and reasonable medical expenses.
*(US) plain
5 Use the collocations you formed in Exercise 4 to complete these sentences,
1 While a crime such a8 murder or shoplifting is a wrong committed against
Society, a tort is@___________ committed against an individual.
2 Torts are handled in the civil courts, where the... brings an
action against the wrongdoer.
3 In most cases, the injured party is entitled to remedies under the law, such
25... ra
4 In medical malpractice cases, the damages awarded to the injured party mey
Include lost wages and... ,
Unit 3 Tort law
29 B The tort OF cman ‘occurs when one of the parties to a contract
makes a false statement about a fact and knows It Is not true, and this fact
is acted upon.
6 When a person stops parties from entering into a contract, for example, this
person is said to interfere in... -
& What do you think these types of tort mentioned in the text mean: assault,
negligence, trespass? What kinds of acts do they cover? Give examples of
what someone has to do to be liable for each of these torts in your country.
Reading 2: Case note
Law students often read or write case notes! to prepare for classroom discussion at university.
Acase note is a short summary ofthe mast important information about a case. As such, itis
8 useful study tool. The format and contents ofa case note can vary, but usually it includes
the following sections: case, facts, procedural history, legal issue, ruling and reasoning.
7 Quickly read through the case note below of an important tort law case and
match the headings (1-6) in the brief with these descriptions (a-f).
a relevant point of law
b information about the parties and the case
¢ what the court decided
d_ what happened
why the court came to that decision
f how the lower courts decided
1 CASE: Palsgrafv. The Long Island Railroad Company, 248 NYY 339; 162 n.e.99; Court of Appeals of
New York (1928) po
2. FACTS: Plaintiff? was standing on a platform of defendant's railroad when a train moved off
from the platform. Even though it was already moving, a passenger ran to catch the train. The
rman, who was carrying a package wrapped in paper, appeared to lose his balance while trying
to board the moving train. An employee of the railroad reached out to help him. This act caused
the package in the man’s arm to fall onto the rails. Unknown to the employee, the package
contained fireworks. When it ellthe fireworks exploded, causing some large equipment on the
platform to strike and injure the plaintiffThe plaintiff sued the railroad, claiming that her injury
resulted from the negligence of the employee.
3. PROCEDURALHISTORY: The trial court found for the plaintiff, Defendants appealed, and the
appellate court affirmed the judgment. The railroad then appealed to this court,
4 LEGAL ISSUE: Did the railroad's negligence proximately cause plaintif's injuries?
RULING: No.The Court of Appeals of New York reversed the decision,
REASONING: Negligence is not a tort unless it results in the commission of a wrong. f the
harm was not deliberate, it must be shown that the act could have been dangerous. Since in
this case the harm to the plaintiff was not wilful on the part of defendant, it had to be shown
that the act of dropping @ package had the apparent possibility of danger. As there was
nothing on the outside of the package which would cause the reasonable person to believe
it contained explosives, there was no negligence. It was the explosion that was the proximate
cause of plaintiffs injuries, an act which could not have been foreseen. Therefore the railroad
‘was neither negligent nor the proximate cause of plaintif’s injuries. The judgment of the
appellate court was reversed.
4 (US) case briefs (UK clalmant (The word plant was also used In English law until the new Chil
Procecure Rules (CPR) came into force In Apri! 1999.)
30 8 Read sections 1 and 2 of the case note and answer these questions.
1. What is the name of the case?
2 Who is the defendant?
3 Who Is the claimant?
4 What is the defendant alleged to have caused?
9 Read the rest of the note and answer these questions.
1. What was the lower court ruling?
2 What happened when the case was appealed?
3 The word proximate means ‘direct’ or ‘immediate’. What did the court
determine is the proximate cause of the injury?
Key terms 1: Reporting procedural history
10 The procedural history section tells what happened when the case was tried
in the lower courts. Other sections of a case note give information about the
Gecision of the highest court at which the case was tried. Which sections of the
case note above contain this information?
111 Find words in the case note above to complete these definitions. You may need
to change the verb forms.
1. The person who brings an action in a court of law is called the
2 The person against whom an action is brought in a court of law is known as
the Sn
3 When a case is decided in favour of a certain party, the court
: that party.
4 To bring a case before a higher court so that it can review the decision of a
lower court is to vinmanen @ CSC,
5 Accourt which hears appeals from lower courts is called an _.
(cya
6 When a court states that a Judgment of a lower court is true, it
rennet. that judgment.
7 When a court changes the judgment of a lower court to its opposite, it
_. that judgment.
Speaking 1: Case discussion
12 With a partner, discuss the phases in the procedural history of the Palsgraf v.
The Long Island Railroad Company case and agree on a simple account of what
happened in the courts.
43 Discuss what you think might have happened if this case had been brought to
court in your jurisdiction,
Unit 3 Tort aw
31 32
Listening 1: Frivolous lawsuits
‘Law students are expected to know the most important facts of a large number of cases,
‘as well as the legal issues involved and the procedural history of these cases.
14 You are going to hear a discussion between two law students, Maria and
Fabio, about a wellknown product liability case. Maria mentions compensatory
damages and punitive damages. What is the difference between these types of
damages? Which should be the highest in a case involving serious negligence?
15 422.1 Listen to the discussion and answer these questions.
1 What does Fabio mean by the words frivolous lawsuit?
2 What injury did the plaintiff suffer?
3 Why did McDonald's refuse to settle out of court?
4 How much did the court award Liebeck in compensatory damages? How
‘much in punitive damages?
5 How much did Liebeck finally receive in damages?
16 4<2.1 Complete the procedural history section of this excerpt from a case note
using words you have studied so far in this unit. Listen to the discussion again
if necessary.
CASE: Liebeck v. McDonald's Restaurants, PT., Inc. No.D-202 CV-93-02419, 1995 WL 360309
(Bernalillo County, N.M. Dist.Ct. Aug. 18, 1994)
FACTS: In 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, bought
2 cup of coffee from the drive-through of a McDonald's restaurant. Liebeck placed the coffee
cup between her legs and opened it. She spilled the entire cup of coffee on her lap.Liebeck was
wearing cotton sweatpants which held the hot liquid against her skin, burning her lower body
severely. At the hospital, it was determined that she had suffered third-degree burns on six per cent
of her skin, She stayed in the hospital for eight days. Two years of treatment followed.
PROCEDURAL HISTORY: After several attempts to reach a1) failed, the claimant sued
the 2) _..for gross negligence. The jury 3) the claimant, determining that the
defendant was 80% responsible and the claimant 20%. Claimant was 4) .......--——- $200,000in
compensatory 5)... , which was then reduced by 20% to $160,000.$2,7 million in
6) .....__. damages were also awarded, These damages were then reduced to $480,000.
“The decision Was 7) wn by both claimant and defendant, However, an out-of-court
settlement for less than $600,000 was finally reached.
Speaking 2: Frivolous lawsuits
17 Discuss these questions.
4. The Liebeck v. McDonald's case inspired a journalist to create the Stella
‘Awards, which are awarded to ‘frivolous lawsuits’. They are meant to be
‘amusing, but they also have a serious purpose, What do you think it might be?
2 Can you name any examples of cases from your jurisdiction which you think
might be awarded a Stella?
3 What do you think of the Liebeck v. McDonald's case? Do you think it
deserves its reputation as a frivolous case? LAW IN PRACTICE
Lead-in
Tort law covers many legal problems, from everyday accidents to deliberate attempts to
harm a person's reputation or business interests. Because ofthis, tort is one of the most
litigated areas of law.
Seeking the advice of a lawyer, taking a case to court or defending yourself in a Lawsuit
can be very expensive. Law clinics can provide a free alternative to consulting a lawyer in
private firm,
Reading 3: The Kent Law Clinic
18 Read the online introduction to the Kent Law Clinic and answer these questions.
1. Who does the legal work at the Kent Law Clinic?
2 Do clients have to pay for the advice given?
3 What kinds of practical skills can be learned at the law clinic?
one
cee
eM ec
oo= eee oe elete eel) a
oT eee ss peslte
et uO cadena
Pere eio hee eee aren Tg es pemmemees ouCig-
eee) ee eee ieleee skis) pater ue ati)
eee Sere eer a
era remanent See
Geib ee Giese ge ro
(Or eye
49 Find words or phrases in the text to match these definitions.
1 A court or assembly with judicial (or quasi-judicial) functions
2 Someone who represents himself or herself without @ lawyer in @ court
3 When a lawyer acts on someone's behalf during proceedings
Would you be interested in working as a student lawyer in such a law clinic? Why (not)?
istening 2: Student lawyer-client interview
‘k, a student lawyer, has decided to join his university's law clinic, and is about to conduct
first lawyer-client interview.
4£3.2 Listen to the first part of the interview and answer these questions.
1. What kind of product is at the centre of this dispute?
2 What was wrong with the product?
3 Why did Carmecom refuse to replace the product?
4 What options do you think Charles had after Carmecom had refused to replace
the product? What would you have done in this situation?
Unit 3 Tort law
33 22
23 Listen to the second part of the interview and answer these questions.
1 What did Charles threaten to do?
2 What did Charles do when he left the shop?
3 What did the letter that Charles received say?
Language use: Asking for information
23 Read the audio transcripts for audios 3.2 and 3.3 (pages 126-127) and
highlight all of the questions that Nick and Charles ask each other.
24 Match the descriptions of the three main ways of asking for information (ac)
with the headings (1-3).
1. Open questions
2 Negative questions
8 Closed questions (asking for a yes or ro response)
a
|We use these questions if we think the answer will be no:
Can't I just speak to a lawyer directly?
b..
‘These questions use an auxiliary verb es the first word in the question. They
require either a positive or @ negative answer:
Did you leave the shop without the laptop?
We can also ask these kinds of question by making a statement and adding
a question mark at the end (in writing) or using rising intonation (In speech).
They require either a positive or a negative answer.
You left the shop without the laptop?
—
We use these questions to find out more information, rather than a simple
yes or no:
What did they say?
We do not need an auxiliary verb when who, what or which is the subject of
the sentence:
‘What happened next? (Not: What-did-happer-next?)
25 Put these words in the correct order to form questions that Charles might ask Nick.
1 If / to / retraction, / have / 1/ sign / go / the / court? / don't / will / to / |
2 How / think / long / do / last? / would / you / a / trial
3 What / winning? / chances /would / of / my / be
4 Would / anything / have / defence? / to / pay / | / for / my
5 What / consequences / are / the / case? / lose / if /1/ the
Do / computer? / me / chance / getting / think / you / is / a / of / there /
a/new Text analysis: Initial lawyer-client interview
To conduct an effective initial Lawyer-client interview, a lawyer must:
© puta client at ease
‘© listen to what the client has to say
© explain things clearly
‘© find out what action the client wants to take, not take decistons for the client
© tell the client what has to be done next,
A
lawyer should not assume that he or she has al of the information needed from a first
‘meeting, The WASP approach to planning, structuring and carrying out an interview helps
ensure that nothing is left out. WASP is an acronym for:
© Welcome the client
© Acquire information
Supply information and advise
© Part
26 This table gives some advice about conducting a WASP interview. Complete it
using the points below (2+)
Parry 2 Acquire information 3 Supply information 4 Part
ee
+ Meet, greet and seat | Use open questions + Consider the merits |» Confirm that your
your client, to encourage your of the case, client wishes you to
client to tell you | act for timer,
everything in his/her |
‘own words.
a Explain what action must be taken.
b Only use closed questions to confirm your understanding of what your client
has already told you.
© Explain that you will write to your client summarising what has been
discussed within a certain number of days.
d Use sympathetic body language and active listening techniques (for example,
0 on, uh-huh, I'm listening) to encourage your client to go on speaking.
© Consider the legal and non-legal options.
Check that your client has no further matters or questions to discuss.
Avoid questions which only allow a restricted range of answers and leading
questions which expect a particular answer (e.g. | imagine simply replacing
‘your computer would no longer be acceptable?).
fh Explain the risks invalved in taking legal action.
| Explain the purpose of your meeting: to get details of the situation from your
client, give legal advice, discuss options and give information on costs.
J Periodically summarise and confirm what your client has said so far.
k Explain what your client has to do.
1 Confirm that your client understands the costs and risks involved.
27 What else is important for an effective lawyer-client interview?
28 Consider the points made in Exercises 26 and 27. How effective was Nick's
first interview? Is there anything that he could have done differently?
Unit3 Tort law {35 Reading 4: Letter threatening legal action
29 Read the letter that Charles received from Carmecom and answer these questions.
4. What do you think defamatory means?
2 What must Charles do in order to avoid legal action?
Dear Mr Tholthorpe
Our client: George Hardy, Carmecom Ltd.
Your defamatory action of 25 November 2008
We represent George Hardy of Carmecom Ltd. in relation to an incident that took place at
their store on 25 November 2008.
‘According to our client, you visited his store in a state of some excitement and went
directly to the front of a queue of shoppers. You then demanded a refund for a laptop
computer you had bought earlier that day.
Mr Hardy asked if you would mind waiting your tun. You then dropped a bag containing
the computer onto the cash desk and threatened to send libellous postings to a number
of Internet mailing lists. Following this, you left the store shouting various defamatory
‘comments about our client.
You remained outside the front entrance of Carmecom and harassed Mr Hardy's potential
customers in an effort to convince them not to enter the store. Based on what our client
has learned from some of these customers, it Is our understanding that these efforts
involved the repetition of a series of slanderous statements concerning both the qui
Carmecom’s products and their business practices.
of
[At this point, our client noticed that you were carrying a second bag of similar size and
shape to the one containing the computer you had recently bought from Carmecom. The
bag was from one of our client's competitors, who we have learned was selling the same
laptop for £150 less than the price you paid for it.
Cur client believes that he has lost a significant amount of business as a result of your
‘actions. We have advised him that he would be successful in any action against you. In
order to avoid such action, please sign and return the enclosed retraction by 15 December
2008. If you choose not to sign the retraction, we will be forced to commence proceedings
immediately.
‘We look forward to hearing from you.
Yours sincerely
J. Lett
Eastwood, Lott and McCarthy Soli
80 Read the letter again and find any information that Charles did not give Nick during the interview.
34. Once Nick has read the letter, what questions would he need to ask to find out:
4. exactly what happened?
2 what action Charles now wants to take? Key terms 2: Defamation
32 If Charles does not sign the retraction, there is a chance that Carmecom might
Sue him for defamation. Complete the explanation of the tort of defamation
using the words in the box.
libet_slander_ statement tort
Defamation is the term used to describe the 1) . _ of making a
false 2) ~~vne OF fact that injures someone's reputation. Common-
law systems distinguish two forms of defamation. 8) asa