Fahce -UNLP

Traducción jurídica y económica en inglés 2 | 2019

Unit 1

1- Read the text below on the subject of consideration in common law contract law,
and decide which answer – A, B, C, or D - best fits each space. Choose only one word
in each space. There is an example (*) at the beginning.

THE DOCTRINE OF CONSIDERATION IN COMMON LAW CONTRACT LAW

A court looks for several elements in deciding whether a legally *(A. obligatory B.
compulsory C. requisite D. binding) contract exists. As well as seeking a matching offer
and (1) A. receipt B. object C. recognition D. acceptance, the court also looks for
consideration and, in certain situations, a clear intention to create legal relations.

The idea of consideration is one of the defining features of English contract law. No
matter how much the (2) A. parts B. parties C. participants D. individuals to an
agreement may wish it to be legally enforceable, it will only be enforceable if it contains
“consideration”. Essentially, consideration is the term used to refer to what one party to
an agreement is giving, or promising, in exchange for what is being given or promised
from the other side.

It is sometimes said that consideration requires benefit and (3) A. detriment B.

disadvantage C. harm D. damage. In other words, what is (4) A. endowed B. provided
C. granted D. imparted by way of consideration should benefit the person receiving it,
whilst the giver loses something of value. However, the courts will not enquire into the
“adequacy” of consideration. By “adequacy” is meant the question of whether what is
made available by way of consideration (5) A. complies B. relates C. corresponds D.
totals in value to what it is being given for. Therefore, if I own a car worth USD 30K and
I agree to sell it to you for USD 1, the courts will treat this as a binding contract.
Consideration need not therefore be “adequate” but must be “sufficient”. It must be
something “which is of some value in the eyes of the law”.

Consideration must also be given at the time of the contract or at some point after the
contract is made. On the other hand, it is not generally possible to use as consideration
some act that has already taken place (6) A. prior to B. former C. aforesaid D.
preceding the contract. For example, if I give my friend my old car as a gift because he
is poor and he then offers me USD 1K six months later, is that promise to pay enforceable?
The answer is “No”. That is because “past consideration” cannot be used to enforce a
promise and I cannot (7) A. prosecute B. litify C. indict D. sue on his promise to pay, as
the element of (8) A. receipt B. return C. mutuality D. support is absent.

An interesting question came before the court in the case of Collins v Godfrey. Can the
performance of an act which the promisor is already under a legal obligation to carry out
ever (9) A. total B. be equal to C. make D. amount to consideration? Or would such
consideration be considered invalid on the (10) A. foundation B. grounds C. reason D.
justification that it was contrary to public policy?

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Traducción jurídica y económica en inglés 2 | 2019

2- Complete the following text, which has been adapted from Black Dictionary of
Law, with words or expressions from the box.

accepted – agreement – breach – consideration – contractual liability – damages – express

– implied – intention – obligations – offer – reward – signed – stated – sue – terms – under
seal – verbally – voided – writing

A contract can be defined as ‘an [1] ………………… between two or more parties to
create legal [2] ………………… between them’. Some contracts are made [3]
‘…………………: in other words, they are [4] ………………… and sealed (stamped)
by the parties involved. Most contracts are made [5] ………………… or in [6]
…………………. The essential elements of a contract are:
a) that an [7] ………………… made by one party should be [8] ………………… by the
other;
b) [9] ………………… (the price in money or some other [10] …………………, paid
by one party in exchange for another party agreeing to do something);
c) the [11] ………………… to create legal relations.
The [12] ………………… of a contract may be [13] ………………… (clearly stated) or
[14] ………………… (not clearly [15] ………………… in the contract, but generally
understood).
A [16] ………………… of contract by party of their [17] ………………… entitles the
other party to [18] ………………… for [19] ………………… or, in some cases, to seek
specific performance. in such circumstances, the contract may be [20] …………………
(in other words, it becomes invalid).

3- Read the sentences below and think of the word or expression that best fits each
space. There is an example (*) at the beginning.

Example: (*) Specific performance may be granted by the court in cases of breach of
contract where damages would be inadequate compensation. The effect of the order
would be that the party in breach must perform their obligations under the contract.

1. A possible remedy for breach of contract is ………………… This aims to return the
parties as far as possible to their pre-contractual position.
2. The buyer signed the contract because he believed the seller of the hotel, who said that
business was always good during the summer. Unfortunately, this statement turned out to
be a total ……………….. and the buyer decided to seek damages on that basis.
3. In order to create a valid contract, it is essential that all parties actually have
……………….. to contract. For example, if one of them is a minor then the contract
could be ruled void.
4. In order to be valid and legally binding, an English contract must have ………………
This can be money, goods, services, or a promise to do something. Without this gain by
one party and detriment to the other, there can be no contract.
5. Where no express, written contract is made, the court may decide that an
………………. contract exists. This type of contract may be seen from the behavior of
the parties.
6. An injunction is a court order directing a party to an action to do or to refrain from
doing a particular thing. A Mareva injunction is a court order that prevents a person taking
their assets out of the country until they have paid their debts. It is now known, more
helpfully, as ……………. order.

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Traducción jurídica y económica en inglés 2 | 2019

7. The contract was declared ………………… This means that a person who did not have
capacity to sign the contract can end the contract if they choose to do so.
8. The consignment of cloth was ……………………. by customs officials, who refused
to release it until the correct amount of duty was paid.

4- Read the following sentences and put a preposition into each space. Use only one
word in each space. There is an example (*) at the beginning.

Example: My client cannot be held responsible for events that were not under her control.
1. Our client informed yours that all the goods would be delivered ……. lorry on 21 June
2003.
2. The haulage company denied the allegations …………. it, stating that it had performed
all the terms of the agreement correctly and on time.
3. This Agreement will continue for five years unless terminated earlier in accordance
…………. clause 5.
4. Either party may terminate this Agreement ………… notice with immediate effect.
5. The term of this Agreement will continue unless terminated by either party ……...
giving not less than three months’ prior written notice.
6. The customer will notify the company …………. writing within five days of receipt of
an invoice if the customer considers the invoice incorrect for any reason.
7. We will claim damages for breach of contract, to include a claim for interest ………….
the rate of 6%.
8. Neither party will be liable for any delay ………. performing or failure to perform its
obligations under this Agreement due to any cause outside its reasonable control.
9. I confirm that clause 6 gives you the right to terminate the agreement by notice
…………. immediate effect.
10. The customer agrees that, except as expressly provided in clause 8 of this Agreement,
the Company will not be ……………. any liability of any kind whatsoever in connection
with this Agreement.

5- Match the definitions below with the correct word from the box. Then, read the
sentences and think of the word that best fits each space.

Hereafter – Hereby – Herefrom – Herein – Hereinafter – Hereof – Hereto – Heretofore –

Hereunder – Herewith – Thereafter – Therein – Wherein

a) After that time

b) Below now

c) By this means; as a result of this

d) From now on or at some time in the future

e) From this place or point

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Traducción jurídica y económica en inglés 2 | 2019

f) In that place, document or respect

g) In this document or matter

h) In which or in which place or respect

i) Later referred to in this matter or

document

j) Later referred to in this matter or

document

k) Of this matter or document

l) To this place or to this matter or document

m) With this document

1. A copy of the lease is enclosed ………………….

2. Any dispute arising ………………… shall be resolved in arbitration.
3. For more information, see the documents listed ………………….
4. ………………… all disputes between the parties have been resolved amicably.
5. In consideration of the sum of £10,000, receipt of which the Seller …………………
acknowledges.
6. That was a case ………………… the judge ruled the liability could not be excluded in
all circumstances, but that limitations might be permissible.
7. The accused if to report to his probationer twice a week for this first month, and
………………… once a week for the next five months.
8. The copyright for this book will ………………… be in the name of the author,
Archibald Thrupp.
9. The parties ………………… agree that this contract shall continue for a period of two
years from the date of execution hereof.
10. The provisions contained ………………… shall be construed in accordance with the
laws of England and Wales.
11. The specifications of the Productions are set out in the clauses …………………
appearing.
12. You are advised to refer to the previous contract, and the terms and conditions cited
………………….

6- Read the following extracts and answer the questions that follow each of them.

1. This contract is binding, and we expect that all the parts involved (both clients and
suppliers) abide by the terms and conditions stated in sections 3a-37g on pages 1-17.
a) One of the underlined words/expressions is wrong. Identity and correct it.
b) Two of these words/expressions could replace abide by. Which ones? choose -
agree with - obey - change - honour

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Traducción jurídica y económica en inglés 2 | 2019

2. On terminator of this contract, the company will be obliged to return any unused
materials to the supplier within 28 days, unless provision has been made for a temporary
extension. If any of the rules of the contract are broken, all materials must be returned
immediately.
a) One of the underlined words/expressions is wrong. Identity and correct it..
b) True or false: provision has a similar meaning to arrangement.
c) Rearrange these letters to make two words which have a similar meaning to
obliged: degabtlio - edequrir.

3. The contract was originally verbal, but we’ve finally managed to get the company to
give us something on paper. They say that this contract is un-negotiable, but maybe we
can persuade them to amend some of the details before we sign on the dotted line.
a) One of the underlined words/expressions is wrong. Identity and correct it.
b) Rearrange the letters in bold to make words which have the same or similar
meaning to verbal in this situation: rola - kosnep.

4. Swillpot Airline Catering Ltd were sued by Pan-Globe Airways when they were found
to be in beach of their contract, specifically that they had failed to comply with clause
27B, which stated that their food should be “fit for human consumption”.
a) One of the underlined words/expressions is wrong. Identity and correct it.
b) Find a word in extracts 1-3 which has a similar meaning to comply with.

5. Withers Interiors Ltd have entered into an agreement with Sophos Construction to act
as sole providers of quality interior fittings commencing 15 August this year. This is to
run for 18 months, with a 3-month period of notification in the event of cancellation by
either side.
a) One of the underlined words/expressions is wrong. Identity and correct it.
b) Which word is the closest in meaning to the noun contract?
c) Is this an example of part of an open-ended contract?
d) True or false: if either Withers Interiors Ltd or Sophos Construction want to end
the contract, they must tell the other company 3 months before they do it.

6. This contract recognises the anointment of Mr Alan Wiley as non-executive Director

to the board of AKL Publishing following the company’s amalgamation with Berryhill
Books. While Mr Wiley may continue to buy shares in the company, he may not acquire
a controlling interest, and he may have no professional dealings with any third parties
during this period.
a) One of the underlined words/expressions is wrong. Identity and correct it.
b) True or false: AKL Publishing recently separated from Berryhill Books.
c) True or false: Mr Wiley can buy as many shares as he likes in the company
d) In addition to sitting on the Board of AKL Publishing, how many other companies
can Mr Wiley work for?

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Traducción jurídica y económica en inglés 2 | 2019

KEY

Exercise 1

1. D
2. B
3. A
4. B
5. C
6. A
7. D
8. C
9. D
10. B

Exercise 2
[1] agreement [2] obligations [3] under seal [4] signed [5] verbally [6] writing [7] offer
[8] accepted [9] consideration [10] reward [11] intention [12] terms [13] express [14]
implied [15] stated [16] breach [17] contractual liability [18] sue [19] damages [20]
voided

Exercise 3
1. restitution
2. scam/sham/fraud/hustle
3. capacity
4. compensation
5. implied
6. freezing
7. voidable
8. seized/ intercepted

Exercise 4
1. by
2. against
3. with
4. upon/by
5. by
6. in
7. at
8. in
9. with
10. under

Exercise 5
a) thereafter
b) heretofore
c) hereby
d) hereafter
e) herefrom
f) therefrom

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Traducción jurídica y económica en inglés 2 | 2019

g) therein
h) herein
i) wherein
j) hereinafter
k) hereunder
l) hereof
m) hereto
n) herewith

1) herewith
2) herefrom
3) hereunder
4) heretofore
5) hereby
6) wherein
7) thereafter
8) hereafter
9) hereto/hereof
10) herein
11) hereinafter
12) therein

Exercise 6
1. a) parts → parties; b) obey & honour
2. a) terminator → termination; b) True; c) obligated, required
3. a) un-negotiable → non-negotiable; b) oral, spoken
4. a) in beach of → in breach of; b) abide by (extract 1)
5. a) period of notification → period of notice; b) agreement; c) No, it is part of a
fixed-term (18 months) contracts; d) true (if either party cancels the contract early,
they will still have to honour the terms of the contract for three months, unless
there was less than three months to run on the contract)
6. a) anointment → appointment; b) False (they amalgamated or joined with
Berryhill Books); c) False (He cannot buy more than 50% of the company’s shares
-a controlling interest- otherwise he will be able to decide how the company’s
run); d) None (He can have no professional dealings with third parties).