Юристы 4 курс Dialogue

Утверждено на заседании
Кафедры профессионального иностранного языка

(Экономико-правовое направление)
протокол № 3 от 30.11.2022г.
Специальность: 6В030101 – Юриспруденция
2022-2023 учебный год, РК 2
Дисциплина – Проф. ситуационно-коммуникативный практикум
Situation 1
12-year-old Nick received a bicycle as a gift from his grandfather. Since Nick urgently needed
skates, he sold the bike to a 16-year-old teenager he knew, and bought skates with the proceeds.
Nick 's father, having learned about this, regarded his son's act as disrespect for his grandfather,
went to a teenage buyer with the intent to return the money and take the bike. However, the
teenager who bought the bike refused to take the money and return the bike, saying that he gave
a normal price for the purchase, and Nick sold the bike, which did not belong to his father, but to
Nick himself, that everyone can dispose of his own property, and there are no grounds for
terminating the contract.
Questions for the case:
1. Is the contract for the sale of a bicycle between these teenagers legally binding?
2. What are Nick's father's rights in this situation and how can they be exercised?
3. Would the situation change if Nick was 15 years old? 19 years?
Exchange your opinions on the contract formation referring to obligations under the contract. In
the case of contractual dispute what differences may permit a party to escape his\her obligations.
Refer to the following points:
a) Illegality of the subject matter
b) Duress
c) Lack of legal capacity
Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 10
You're lawyers. Your client (entrepreneur Dauletov N.) appealed to the arbitration court with a
claim against the foreign entrepreneur Smith T. for invalidation of real estate`s purchase
agreement. The estate is located on the territory of KZ. The judge issued an initiating order,
which also provided the preparation of case for trial. However, the entrepreneur Smith T.
proposed a settlement agreement through mediation. Which way to settle the dispute is more
preferable? What legal advice can you give to your client?
Legal disputes can be resolved in the courtroom, but there are other ways of resolving them as
well. What forms of dispute resolution are there? What procedures do they involve? What kind
of ADR methods are used sometimes?

_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 2
Food company «B.V.» based in Holland makes an offer to the company «Expert», incorporated
in Kazakhstan. The contract concerns the sale and supply of high-tech equipment for food
production. The food company in its offer includes a copy of the terms of sale and delivery while
the company «Expert» sends its consent to the offer containing its own terms of sale and
delivery, which differ in various respects from the terms of the food company. Problems arise
when, after delivery, the equipment does not work properly, and several leaks in the hydraulic
system lead to serious product contamination. In turn, the products cause health problems. Food
Company declares that they have excluded any liability for such damage in their terms of sale
and delivery and believes that they are not liable in any way. Under the terms of sale proposed
by the company «Expert», the Food Company is indeed liable for such damage. Identify
negotiation procedures regarding the terms of sale and delivery that apply to this contract.
Determine the applicable law for resolving the dispute.
Discuss the details of drafting a commercial contract under the law focusing on the following
points:
 form of the contract
 a typical structure of an international commercial contract
 points to remember in drafting a contract

_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 3
The company «Anderson» has entered into a contract with the company «Bonhoff»,
manufacturing computers, to supply them with component parts. In March, when the deadline
for the contract execution was approached, the river overflowed its banks and the water flooded
the city streets. Road traffic movements on the streets stopped for 10 days, so the delivery of
components was delayed. Anderson's contractual obligation was not fulfilled on time. Bonhoff
incurred losses and claimed from Anderson the payment of penalties for the improper
performance of the contract. The latter refused, saying that there was no reason for this. Ask your
partner whether Bonhoff, requiring from Anderson to pay the penalty, to prove what losses it
incurred due to the improper performance of the obligation? Was Bonhoff entitled to claim a
penalty against Anderson in the absence of an agreement on it in the contract? Is Anderson
liable to Bonhoff for improper performance under the conditions described in the task?
Discuss the details of forming contractual relations under the law focusing on the following
points:
 What is the contract?
 What are the essential terms of the contract?
 What types of contract are there in your country?
 When can person escape his/her obligations under the contract?
протокол № 3 от 30.11.2022г.
Situation 4
Having received a draft contract for the supply of goods from the organization «Supplier», the
organization «Buyer» signed the contract and returned it to the supplier, forgetting to put the
seal. The supplier for the second time sent the contract to the buyer for registration, after which
the signature of the head of the organization was certified by the seal. The supplier delayed the
delivery of the goods, in connection with which the buyer presented a penalty according to the
contract for each day of delay. Opposing the presented demand, the supplier referred to the fact
that due to the fault of the buyer, who did not put the seal on time, the contract was made a few
days later, therefore, the delivery time was automatically shifted.
Ask your partner. Are the objections of the supplier justified?
Exchange your opinions on the contract formation referring to formation stage of the contract.
Take into consideration the following points:
 How is drafting of the contract carried out commonly?
 What stages are lawyers usually involved in contract formation?
 What kind of clauses can be included or omitted in drafting contracts?

____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 5
LLP «Kodeco Electronics» and JSC «Taconic plastics» signed a contract for the supply of
equipment and spare parts for it. They decided to stipulate the quantity and name in the
specification, but did not issue it. LLP «Kodeco Electronics» transferred part of the equipment
under the act. JSC «Taconic plastics» did not fulfill its obligations to pay for the goods. LLP
«Kodeco Electronics» applied to the arbitration court with a claim to invalidate the transaction
and apply the consequences of invalidity in the form of restitution. Moreover, the plaintiff
demanded the payment of a penalty specified in the terms of the contract. Are the plaintiff's
claims legitimate?
Discuss the essential elements of contract elements and essential terms of contract. Point out the
necessity of essential elements and terms in considering contract valid and enforceable, taking
into consideration the following points:
a) Offer d) Intention
b) Acceptance e) Subject matter
c) Consideration

_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 6
Khladokombinat filed a lawsuit against the carrier-the Moscow Railway Department- and the
supplier-the meat processing plant- to recover the cost of the missing meat from the proper
defendant. The cargo arrived in a serviceable carriage, but without the shipper's seal. When it
was opened, it turned out that the car was loaded to full capacity, and the missing amount of
cargo could not fit. Meat (carcasses) had no cuts or other injuries. These circumstances were
confirmed by the forwarding agent of the meat processing plant and reflected in the commercial
act.
Who must carry responsibility behind shortfall cargo?
For contract formation certain requirements are necessary to ensure valid enforceable contracts
under common and civil law. Point out the cases referring to it.
 What is necessary to make a contract enforceable?
 What form should be contacts to be enforceable?
 How do courts determine agreement?

_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 7
The sports school has signed a contract with the manufacturer for the purchase of sanitary
equipment with the obligation to deliver and pre-pay in the amount of 50% of the cost of the
goods. The execution period is set at one month. The contract did not specify whether it was a
supply or purchase contract.
A week after the conclusion of the contract , the director of the sports school, when he came to
work in the morning, found that shower cabins were unloaded in the courtyard of the school, and
in an amount exceeding the amount established by the contract. The delivery deadline stipulated
in the contract was only three weeks away, and the school building was being renovated in such
a stage that the installation of booths was impossible. The head of the construction company that
repaired the school offered the school director to sell him all the imported shower cabins. The
Director decided to discuss with the lawyer whether in this case he would be able to require the
manufacturer to deliver all the equipment provided for in the contract within the time limit set by
the contract.
Discuss contract remedies. How many types of remedies are there? Give the differences between
them and explain them:
a) Breach of the contract c) Non-monetary relief
b) Non-breaching party d) Pecuniary compensation
_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 8
While traveling abroad for permanent residence, Askarova applied to the real estate management
agency with a request to make the most effective use of the studio owned by her in her
interests. The agency employee explained to Askarova that to provide such services, the agency
of Askarova 's choice can conclude with her either an assignment agreement, an agency
agreement, a trust management agreement, or a contract for managing the studio as
an organization.
Askarova asked to explain to her the difference between these agreements.
Contract created online are as legal as those on paper. What do you know about e-contracts?
Discuss with your partner difference between e-contract and paper contract. Do you prefer paper
or electronic? Explain your answer.
_____________________________________________________________________________
протокол № 3 от 30.11.2022г.
Situation 9
Your client (businessman Nurov M.) appealed to the court with a claim against the foreign
entrepreneur Taylor K. for invalidation of real estate`s purchase agreement. The estate is located
on the territory of KZ. The judge issued an initiating order, which also provided the preparation
of case for trial. However, the entrepreneur Smith T. proposed a settlement agreement through
arbitration. Which way to settle the dispute is more preferable? What legal advice can you give
to your client?
Discuss types of contract litigation. What happens when a person or company does not fulfill or
honor a contract? How are contract problems resolved? What procedures do they involve?

_____________________________________________________________________________

Юристы 4 курс Dialogue

Uploaded by

Copyright:

Available Formats

You might also like

Юристы 4 курс Dialogue

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Юристы 4 курс Dialogue

Uploaded by

Copyright:

Available Formats

Утверждено на заседании

Кафедры профессионального иностранного языка

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

Зав. Кафедрой проф. академ. ин. яз Норузова Г. Б.

You might also like