Vocabulary task. 4. Find words or phrases (legal terminology) in the distribution agreement which fit these meanings.

4. Find words or phrases (legal terminology) in the distribution agreement which fit these meanings.

1) legally established or set up in (agreement introduction);

2) only (Clause 1);

3) a part of the contract where specific details and technical specifications are listed, to avoid writing such details in the main part of the contract (Clause 1);

4) the first period of the agreement (Clause 2);

5) information that one party wishes to end the contract (Clause 2);

6) carried out, completed (e.g. an order, an obligation) (Clause 3a);

7) be responsible for paying for something (Clause 4b);

8) satisfies (a standard, a requirement) (Clause 4c);

9) must (Clause 4c);

10) consider (e.g. to be appropriate) (Clause 5a);

11) the exclusive right to decide (Clause 5b);

12) resulting from (in relation to costs/expenses) (Clause 7).

 

NOTE: c ontracts written in a formal style contain adverbs such as hereto, hereby, therein and thereafter. As a general rule, here means ‘this document/place/time’ – the one we are referring to – and there means ‘that document/place/time’ – a different one.

5. Use the adverbs below to complete the second phrase in each pair. There are some adverbs that you will not need:

hereby hereto hereunder herewith therefor therein thereof

1) the Schedule attached to this Agreement – the Schedule attached …

2) the technical specifications referred to in that Schedule – the technical specifications referred to …

3) it is agreed by this document – it is agreed …

4)... the services and the payment for those services

... the services and the payment

6. Use the prepositions to complete the sentences from the agreement. Some are used more than once:

at between by in of on to upon with

1) This Agreement is made … [date] … and … Company A and Company B.

2) The Manufacturer grants … a the Distributor the right to perform services … respect … the Products as are normally performed … a distributor.

3)... unless notice … termination is provided … either party … least six months … prior …. the end of the then current year.

4) Risk …. a loss …. or damage …. the Products shall pass … the Distributor.

5) The Manufacturer shall bear the cost …. delivery … the Products … the Distributor’s shipping agent … receipt …. the Products, the Distributor shall arrange.

6) ….. the event … any defective Products being received,...

7)... each Product distributed … accordance …. this Agreement.

7. Choose the best word to fill the gap from the choices A-D beside the additional extract from the distribution agreement.

RESOLUTION OF DISPUTE

This Agreement is made 1….. to the laws of [country]. In the 2… of any 3….. between the 4 ….. which cannot be agreed by negotiation, each party shall have the 5…. to appoint a representative who will then attempt to negotiate on their 6…., in 7…. with the regulated 8…. procedures in [country].

	A	B	C	D
	following	allowing	subject	schedule
	effort	cases	chance	event
	deal	dispute	regulation	notice
	persons	clauses	parties	products
	right	costs	retention	review
	breach	case	behalf	contract
	acquaintance	acceptance	accordance	alteration
	argument	arbitration	priority	termination

 

Speaking task.

1) You own a studio room that you wish to rent to a student for at least 12 months. The studio is in good condition, it is furnished, and you have provided kitchen equipment and a television. Discuss with a colleague the key points you think the rental contract should include.

2) Find an example of a commercial contract (for instance, bank account or credit-card terms and conditions, a mobile phone contract, car-insurance agreement, etc.). Make notes so that you can summarise the main contents of the contract to a colleague.

Memorandum

Sample Memo

BLOGGS & BLOGGS

MEMO

To: All staff

From:Michael McGovern, I.T.Centre

C.C. M. D. (c.c means carbon copies, and indicates that you have sent a copy of the memo to someone else)

Subject: Computer Access (The subject line should summarise what the memo is about)

Date: 18 August 2000

We will be upgrading the software installed on the network over the weekend. It is therefore possible that you may have problems accessing your computer on Monday morning.

If this is the case, please do one of the following:

• Press the restart key when the' “access denied” message comes up.

• Phone extension 2291 for help from a technician. We are doing everything we can to make sure things go smoothly, and will be glad to help if you have any problems or queries.

(The text is divided into paragraphs.

• Use bullet points to list items)

MM (Put your initias at the end, not your full name)