The sentences in this conversation are in the wrong order. Number them in the correct order. The first one has been done for you.

___ I’ll sign them this afternoon and send them back to you.

___ Hello. My name is Mary Wells. I’d like to speak to Peter Sherman, please.

__1_ Good morning. Legal Services. How may I help you?

___ Hold the line, please. I’ll see if he is in.

___ Great. Thanks a lot.

___ (pause) Hello, Peter Sherman speaking.

___ Mary Wells and I would like to speak to Peter Sherman.

___ Hello, this is Mary.

___ Sorry, I didn’t quite catch this.

___ Hi, Mary. How are you doing?

___ Ok, busy as usual.

___ Fine, thanks. And you?

___ Yes, they came this morning, but I haven’t signed them yet.

___ I’m just calling to find out if you’ve received the copies of the contract.

___ Ok, there is no rush.

Exercise 4.

(A) Use phrases which are typical of telephone conversations to answer the following questions. Sometimes variants are possible.

1. How could you explain to your colleague why they couldn’t reach you on your mobile phone when they tried to?

2. How could you tell someone you’re speaking to on a mobile phone that the signal is very bad and you have difficulty understanding what they are saying?

3. How could you ask someone to speak louder because there’s a lot of background noise?

4. How could you ask someone to give you their mobile so that you could make a phone call because you haven’t charged up yours?

5. How could you ask someone to wait and not to put the phone down while you have to interrupt the call for some reason?

6. How could you ask somebody who has called you at the inconvenient time to call you later once again?

7. How could you ask someone to say the last phrase once again because you didn’t understand it?

8. What would you say to your colleague if you realized that you can’t meet them as it has been arranged?

9. What would you say to someone if you wanted to arrange a meeting with them?

10. What would you say to someone who has just called to your office and wants to speak to your colleague who isn’t at his/her desk?

(B). Work in pairs. Make a list of questions as in 4 (A) to practise vocabulary used in telephone communication. Use useful phrases and vocabulary bank. Ask your partner these questions. Answer your partner’s questions.

During a telephone conversation you may need to dictate dates, phone numbers, e-mail addresses or spell the names.

Practise saying the following.

1. 24.12.2016 2. 5.08.1995 3. 17.09.2000 4. 03.01.1900 5. 09. 03.2013

1.+7 915 709 33 09 2.+7 926 231 38 00 3.+7 905 576 09 99 4.+7 903 884 55 03 5.+7 499 945 22 67

[email protected] 2. [email protected] [email protected] 4. [email protected] 5. your e-mail address

 

Spell the following names

1. Antoine Bourget-Bourget 2. Yves Martignac 3. Tania Steinman 4. Alessandro Vieri 5. Hubert Adamczyk

1. Mariscal Estigarribia (Paraquay) 2. Huntington Avenue 3. Lubuklinggau (Indonesia) 4. Advanta Architeturra 5. Thabana-Ntlenyana (Lesotho)

 

Exercise 6.

Study the following role cards and get ready to reproduce the telephone conversations.

Card 1

Student A You work for an international company as a PA. Answer the phone and help the caller. Important: Your boss has told you that he doesn’t want any phone calls.

Student B You work for an insurance company as a lawyer. Your client, the CEO of an international company has asked you to prepare an insurance policy for him but he has not provided you with the documents you asked for. Now there is a risk that you’ll miss the deadline. Call your client and try to solve this problem.

 

Card 2

Student A You work for a Banking international company as a lawyer. Your client, Mr. Wilson left a message for you, asking if you could meet him next week to discuss the legal consequences of his investment plans for his company. Call him and arrange a meeting.

Student B You work for a chemical manufacturing company as a secretary. Your boss, Mr. Wilson is out of the office at the moment. Someone will call and leave a message for him. Write down the message, checking all the details to make sure you understand them. Make sure you get the caller’s mobile number and e-mail address.

 

Card 3

Student A You would like to meet your lawyer next week to discuss all the circumstances and possible legal consequences of your case. Call him/her and find the time you are free. Don’t forget about an urgent business trip that will take you 2 days, and one-day long negotiations with your overseas colleagues.

Student B You are a lawyer. Your client, a very important person in the world of business, would like to meet you next day. He is calling you to arrange a meeting. Your next week is quite tough, as you have a lot of conferences and interviews. But you can’t afford to lose this client. Answer the call and try to find time when you are both free.

 

Card 4

Student A You work for a Russian company. Two months ago you applied to a translation agency. You wanted to have your website translated into English as you are going to the international market. When you received the English version of the website you found some mistakes in the translation of Russian terms. Make a short list of possible mistakes (e.g. Верховный суд≠ The High court). Call to the agency and complain.

Student B You work for a translation agency as a translator. A customer will call you to make a complaint. Deal with the complaint as politely and efficiently as you can. Note: You are only responsible for English/French translations, so problems with other languages are not your fault.

 

Card 5

Student A You work for the Russian subsidiary of an American multi-national legal firm. You are currently in charge of a three-person team which is working on a case for another large Russian company. However, the work is taking longer than you’ve expected and you think you will need one more person on the team if you are going to meet the deadline for the work. It is time for your weekly telephone conversation with your American boss. Explain the problem to him/her and try to negotiate a solution.

Student B You are the CEO of an American multi-national legal firm. It is time for your weekly telephone conversation with your Russian subsidiary. Your contact person (who reports directly to you) is currently head of a three-person team which is working on a case for a large Russian company. The project is already over budget. Ask for a status report on the case, and find out what your contact person is going to do to solve the problems on the case.

 

 

UNIT 4

Lead in:

Before reading the text please answer the following questions:

1. What sections must be included into a contract?

2. Who has a right to enter into a contract?

3. What contract validity period is considered to be the most common in Russia?

4. How many copies of a contract are to be made?

Text 1

Contracts

A contract is a legally binding exchange of promises or agreement between parties. Almost everyone makes contracts every day. Sometimes written contracts are required, for example when buying a house. However, the vast majority of contracts can be and are made orally, like buying a text book, or a coffee at a shop.

A valid contract must have several elements, a set of clauses named terms defining the exact set of promises agreed to.Perhaps the most important feature of a contract is that one party makes an offer for a bargain that another accepts, then offer and acceptance take place. This can be called a 'concurrence of wills' or a 'meeting of the minds' of two or more parties. Consideration is something of value promised to another party when making a contract. It can take the form of money, physical objects, services, promised actions, and much more. Consideration need not be adequate, which means courts generally do not look to the value parties place on things contracted for, thus agreeing to buy a car for a penny may constitute a binding contract. Both parties must have the " capacity" to understand the terms of the contract they are entering into, and the consequences of the promises they make, in other words to be competent parties. For example, animals, minor children, and mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable. The contract must have a lawful purposeor proper subject matter. A contract to commit murder in exchange for money will not be enforced by the courts. It is void ab initio, meaning " from the beginning." Both parties must have an equal right or mutual right to remedy upon breach of the terms by the other party. Both parties must have some obligation to fulfill to the other, so called mutual obligation to perform. This can be distinct from the consideration, which may be an initial inducement into the contract. Intention to create legal relationship is also essential as there is a strict presumption for commercial agreements to be legally bound. Domestic and social agreements are usually unenforceable.

Breach of contract is recognized by the law and remedies can be provided for parties to a contract. A breach of contract is a failure to perform as stated in the contract. There are some ways to reimburse a breached contract assuming it has not been performed: seeking for damages, specific performance and injunction.

According to the common law, damages are categorized into compensatory (or actual) damages, and punitive damages. Compensatory damages are paid as a restitution for loss, injury, or harm suffered by a non-breaching party. In contract law the term “expectation damages” is often used as well. Punitive damages are used to punish the party at fault. These are not usually given regarding contracts but possible in a fraudulent situation. The court may make an order of what is called " specific performance, " requiring that the contract be executed. In some circumstances a court will order a party to perform his or her promise (an order of " specific performance" ) or issue an order, known as an injunction, that a party refrain from doing something that would breach the contract.

Text 2

Drafting a contract

In the process of co-operating with people who do not speak Russian one of the problems occurring is to draw up a contract in English. You can hire translators or download the contract from the Internet. It is common for contracts, or some parts of them, to be built from earlier contracts – so if you are working as a paralegal then it is worth checking through files for similar cases that might have involved similar contracts. When designing your own agreement try to follow these steps. Once the elements mentioned in the Text 1 have been fulfilled, you can start drafting your own agreement. There may be different amount of sections and subsections included in an individual and particular document but there are some basic clauses typical and obligatory for every binding agreement. Use this more or less universal structure for all kinds of contracts.

Step 1

The first section should contain the names of the parties entering into the contract. There will be a general statement that the parties intend to enter into an agreement. Use their full names and include their addresses. Then accompany this information with an expression like “The parties agree as follows...” This sentence lets readers know that the specific contract clause terms will follow.

Step 2

The next section should contain a statement of what the consideration is that each party is offering in exchange for their performance under the contract. That would be the amount of money, goods or labour etc.

Step 3

The next section should contain any additional conditions that are important to the satisfactory completion of the contract for both parties. In the case above (mentioned in the Step 2 section), that might be the use of certain brands of paint or that the work is to be done during certain hours etc.

Step 4

Next, you should include a statement of what the consequences will be if one or both parties breach the contract. In other words, what happens if they don’t do what they promised. That might be a penalty for finishing the job late, or a delay of the start of work until payment is received. It could also include a statement that either party has the right to pursue any legal remedy available under the law of the jurisdiction of ____. (The jurisdiction where the contract was entered into or chosen jurisdiction for which the law will apply). Nowadays the Force-majeure clause is referred to as essential and even compulsive so you’ll never take a false step adding such a clause into the contract.

Step 5

There should be a statement that the contract contains all the terms and agreements of the parties, and that the agreement is binding on their heirs, executors, administrators, successors and assignees. This protects both parties from the other stating that there was more to the agreement that what was written. It also helps to protect them from not being able to collect what is due under the contract if the other party dies or sells their interest in it. This provision is often known as the merger clause, the parole evidence clause, the integration clause or the entire agreement clause.

Step 6

Finally, both parties must sign and date the contract. Include a Space for Signatures. End the document with lines so that each party can sign it. It is also useful to have witnesses sign the contract, or to have the signatures notarized in case there is ever a dispute as to who signed the document. If you are signing on behalf of a business entity, you should state your capacity to show you have authority to enter into the agreement. For example, President, CEO, Purchasing Manager etc. Both parties should review the document and take time to make any clarifications if necessary before signing it.

Text 3

Special Instructions

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