UNIT 7

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14 Read the following pairs of sentences and decide which one is correct.
1 a Ron considered asking a senior partner for advice.

2 b The client decided to settle the contact dispute in court.

3 a Case preparation involves interviewing witnesses.

4 a By withholding consent, Jones risks being sued by Keats.

5 a Sam suggests emphasising the idea that Jones withheld consent

deliberately.

6 a The prospective buyer refused waiting any longer.

7 a The client mentioned having had an argument with his landlord.

8 b The defendant delayed to respond to the plaintiffs request.

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15 Complete the sentences below using the correct form of the verbs in the box.

1. suing
2. to re-draft
3. breaching
4. to give
5. gathering
6. hearing
7. telling
8. arguing
16 Read the closing argument and tick which kinds of information about the
prospective buyer the defendant's lawyer requested.
3 documents proving experience in the restaurant business
4 a business plan
6 completed commercial lease application

17 Decide whether these statements are true or false.

1 Ron'S argument states that the court must decide whether consent to
assignment of the lease has been withheld unreasonably. A
2 Ron maintains that it is justified for subjective criteria to playa role in
deciding whether to give approval for assignment. F
3 Ron argues that delaying consent is not the same as withholding consent. F

18 Match the words in italics (1-5) with their definitions (a-e).

1-c
2-d
3-e
4-b
5-a

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19 Read Ron's closing argument in Reading 4 again and match these functions (a-
f) with the corresponding paragraph in the text (1-6)

a presenting the standpoint to be argued 1

b drawing a conclusion from the evidence 5
c rebutting the standpoint of the opposing side 6
d reviewing the evidence presented 4
e identifying the legal issue involved 2
f summarising the facts of the case 3

20 On the basis of the notes written by Sam in the margin of Ron's closing
argument. write a memo to Ron, indicating the changes he should make to
strengthen his argument. You should:
- begin the memo by referring to your previous contact;
- state the reason for writing;
- present the points you want to make in the form of a list;
- close the memo with an offer to provide further help if needed.
I am writing to you with reference to your previous notes written in the margin of
Ron's closing.
I would like to give you some advice in order to strengthen your argument.
There are a few things you can do to improve the substance:
· State the facts affirmatively, do not negate the other side’s facts or position;
· Attack the issue not the person;
· For each issue, draw the strands of your arguments together;
· Be brief but clear on what it is that you want.
If you require any further information, let me know.

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26 Match these phrases from Reading 4 (1-3) with their paraphrases (a-c).
1-c
2-a
3-b
27 Ron wins the case against the Jones Corporation on behalf of his client.
Using the phrases referring to evidence in Exercise 26, write three sentencesabout
the outcome of Keats v, Jones Corp.

1. There was evidence for both theories, but the weight of evidence favoured Ron.
2. I would rather not to draw inferences or make judgments about this subjects in
order to allow the readers to form their own interpretations.
3. In this case the argument involved supporting evidence that was conflicting.

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28 Read the text quickly. What is its subject?
Rights of third parties

29 Read the text again, then match each of these headings (a--e) with the
paragraph it summarises (1-5).

a Other means of granting rights remain effective - 5

b Extending third-party rights under certain circumstances - 3
c The new law and when it takes effect - 1
d A change in the principle related to contractual relationships - 2
e Contract writers must consider third-party rights - 4

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30 Answer these Questions.
1 Which contracts does the new law apply to?
The act applies to contracts governed by English law or the law of Northern
Ireland.

2 According to the new law, under which circumstances may a person who is
not a party to a contract enforce its terms?
A person who is not a party to a contract may enforce its terms if the contract
expressly provides that the non-party may do so, or if one or more terms of the
contract purport to confer a benefit on the non-party.

3 What advice is given in the article to drafters of contracts? The drafters

should take into account whether any third party has been given rights under a
contract.

31 Match these words from the text (1-5) with their definitions (a--e).

1-d

2-c

3-a

4-e

5-b
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Language Focus
1 Vocabulary: distinguishing meaning Which word in each group is the odd one
out? You may need to consult a dictionary to distinguish the differences in
meaning.

1 duty right responsibility obligation

2 intent objective intention intensity
3 compose draft write enlist
4 convince propose induce persuade
5 appeal elect select choose

2 Vocabulary: word choice These sentences are from a tenanfs Right of

Assignment document. In each case. choose the correct word or phrase to
complete them.

1 Notwithstanding anything to the contrary contained in the lease, Tenant shall

have the following rights with respect to assignment, transfer or sub-lease (referred
in hereinafter as a 'Transfer') of the demised premises.

2 Landlord agrees that it will not unreasonably withhold its approval to any
Transfer of the demised premises or any part thereof , provided such Transfer shall
be subject to all of the terms and conditions of the lease.

3 Tenant shall have the right to periorm any of the following

acts without the necessity to request or obtain Landlord's approval therefor.

4 Transfer the demised premises or any portion thereof to any

'affiliate company'. An affiliate company shall mean, for purposes of this
Article 49, any corporation, partnership or other business entity under common
control and ownership with the Tenant, or with the
parent or any subsidiary of the Tenant.

3 Prepositions with contract 1 Complete the phrases below using the correct
preposition in the box. You may need to consult a dictionary.
2. to
3. under
4. from
5. to
6. against
7. to
8. upon

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4 Prepositions with contract 2 Complete the sentences below using the correct
preposition in the box.
1 to - under - to
2 to - to - under
3 to - on
4 of - against

5 Vocabulary: nouns ending with -or and -ee Form pairs of nouns following the
pattern of promisor/promisee using these verbs (1-4). Then match the noun pairs
with their definitions (a-d).
2 lease: lessee, lessor, A.
3 mortgage: mortgagee, mortgagor, C.
4 transfer: transferee, transferor, B.

6 Word formation Complete this table by filling in the correct noun or verb forms.
Underline the stressed syllable in each word with more than one syllable.
2. assign, assignment, assisnee.
3. obligate, obligation, obligee.
4. imply, implication, implicated.
5. consult, consultation, consultor.
6. enact, enactment, enactor.
7. rebute, rebuttal, rebutor.
8. construe, construction, constructor.
9. determine, determination, determinator.
10. draft, draft, draftor.
11. transfer, transferal, transferor.