GRAMMAR: System of Verb Tenses (Active and Passive Voice)

1.4.1 Look at the table to see how the forms of the verb predicate change in each tense group in the Active and Passive.

Simple, Continuous

and Perfect Forms with Modal Verbs

1.4.2Change the voice of the verbs in bold type.

1) Many continental countries with Roman-law systems have codified much of their law.

2) In Roman-law countries the statutes, not the courts, provide the final answer to any question of law.

3) In Roman-law countries judges must base every decision on a particular statute, not on precedent alone.

4) Public law in these countries has been greatly influenced by common-law principles.

5) Such relations involve everything from borrowing or lending money to buying a home or signing a contract.

6) Inheritance law also sets the rules for making wills.

7) Company law governs the formation and operation of business corporations or companies.

8) Сitizens’ rights are better guaranteed by a written than an unwritten constitution.

9) If Public Bills are enacted by Parliament, they will affect the public as a whole.

10) Private Bills may be passed by Parliament but do not change the law for everyone. They only affect individuals.

11) Common law was developed by the judges in the 12^th and 13^th centuries to form a law which was uniform or common throughout England and Wales.

12) Rules and regulations are made by government ministers or departments by way of delegated legislation.

1.4.3 Translate the following sentences into Russian paying attention to the tense and voice forms of the verb predicate.

1) Judges may refer to precedents in making their decisions.

2) Private law deals with the rights and obligations people have in their relations with one another.

3) The Constitution refers to the President as the Chief Executive of the State.

4) The bill has already been debated for two hours.

5) The common law offences had been codified by 1986.

6) The police are investigating the latest robbery.

7) Certain changes to the United Kingdom law will be enacted soon as a result of the rulings of the European Court of Human Rights.

8) Common law, the ancient law of the land, has never been precisely defined or codified.

9) A Bill of Rights sets out the rights of individuals, such as freedom of the person, freedom of religion and speech, freedom from discrimination. In England and Wales this is done in the Human Rights Act 1998 which incorporates the European Convention on Human Rights.

10) Case law is important in common law jurisdictions, because the law of the country is not fully written down in a code but has been largely developed by decisions in past cases.

11) The European Union law has been an increasingly important source of law in England and Wales since the United Kingdom joined the EU in 1973.

12) Statutory interpretation is the process by which judges have to decide the meanings of words and phrases in Acts of Parliament or other legislation.

2. 4^th YEAR 8 ^th TERM

CONTRACT LAW

2.1.1 Study these words before reading the text.

contract –контракт, договор

enforceable contract – контракт, имеющий исковую силу

terms of contract –условия договора

breach of contract –нарушение контракта

to be in breach of contract –нарушить контракт

contractor = party to a contract –контрагент, сторона в договоре

party in breach –сторона, нарушившая контракт

injured party – пострадавшая сторона

transaction – операция, сделка

offer –оферта (предложение)

acceptance –акцептирование оферты (принятие предложения)

intention –намерение

capacity –(право)способность, дееспособность

award –решение суда в гражданских делах

remedy –средство судебной защита, средство защиты права

loss = injury = damage = harm – ущерб

damages(pl) = monetary compensation –возмещение убытков; денежная компенсация

specific performance –постановление суда о выполнении условий договора

injunction –судебный запрет

plaintiff –истец

defendant –ответчик

to be entitled to do sth – иметь право на что-либо

to comply with – выполнять

2.1.2 Read and translate the text.

Contract law is a central part of legal systems all over the world. It is the means by which exchange relations are supported. Many people think that a contract is only legally enforceable if it is written and signed by the parties to the contract. This is a mistaken belief. Even simple transactions such as the purchase of a bus ticket or a packet of frozen peas from a supermarket are enforceable contracts.

A contract is simply an agreement which can be enforced through the courts. Agreement between the parties is an essential element of a contract. In order to be binding in law the agreement must include an offer and an acceptance of the offer. The terms of the agreement offered and accepted by the parties must be certain and clear – that is, the contractors must know what they are agreeing to. Another important element of an enforceable contract is the intention of the parties to be legally bound (there is no contract if, for example, the parties were just joking when they made the agreement).

Most legal systems also consider the capacity of the contractors – that is, whether they were legally entitled to contract. There are some special rules if one of the contractors is a person under the age of 18, or insane; rules when a contractor made a mistake or was pressured or tricked into making an agreement, and rules for dealing with illegal contracts. For example, under English law a contractor cannot enforce an agreement against another party if the agreement was to commit a crime.

When a court is deciding whether a contract has been made, it must consider all these elements.

A failure to comply with the terms of contract is called a breach of contract. If one of the parties fails to perform his or her obligations, the other party may apply to a court for a legal remedy.If the court decides that there has been a breach of contract, it must then judge how the party in breach must compensate the other party.

The usual award for the loss because of the breach is monetary compensation,ordamages.

Instead of damages, the court can force the other contractor to carry out the contract. This is called specific performance.

A plaintiff may also ask the court to award an injunction against the defendant, that is, to order the defendant not to do something which would be in breach of contract.

Contracts are especially important in international business, where the parties try to specify all the parts of their agreement in a clear written contract so that to avoid differences of law and custom between their countries.

PROPERTY LAW