A Study the words in box a.

1 Match the words in column 1 with nouns in column 2 to make phrases.

2 Which word in each phrase has the strongest stress?

B Study the phrases in box b.

1 Complete each phrase with one word.

2 Is each phrase followed by:l a noun (including gerund)?l subject + verb?l an infinitive?

3 How is each phrase used?

C Read extracts A–F on the right of this page.They are from a leaflet about contracts.

1 Read each extract carefully.

2 Complete each extract with a phrase frombox b or box c.

D Look at the pictures on the opposite pageshowing possible stages in the formation of acontract.

1 Match each picture to the correct extract(a–e) below the pictures.

2 At which stage do you think the contract islikely to be formed?

E Read the Hadford University handout on thelaw and online shopping on the opposite page.

Complete the text by using one of the words inbox d in each of the spaces.

compound nouns • fixed phrases

7 CONTRACT LAW 1: CONSIDERATION

7.1 Vocabulary

54

Formation of a contractA contract may be defined as an agreementbetween two or more parties that is intendedto be .

In order for a contract to exist there must bean agreement which consists of an offer and anacceptance. Two parties, at least, are needed.One of the parties,

the offeror, is the party thatmakes the offer. The other, known as theofferee, is the party that accepts.

An offer is an expression of willingness tocontract made with the intention that itbecomes binding on the offeror

it is accepted bythe offeree.

A is differentfrom an invitation to treat.

aninvitation to treat, a party merely invites offersthat can then be accepted or rejected.

An acceptance is a final of the terms of the offer. These

must be accepted by the offeree.

If the offeree introduces a new term or variesthe

offer then this will not be an acceptance.Instead, it is a that the offeror is free to accept or reject.

a 1

appeal bankcontract law

penalty prisontheft trial

witness

2

robbery judgeact term

clause standprice court

judge

b as shown ... as well ... in addition ...in order ... in such a way ... in the case ...

known ... the end … the use …

A

B

C

D

E

F

as soon as counter-offergenuine offer in full

legally binding the terms ofunqualified acceptance

c

acceptance formationinvitation offer

d

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fixed phrases • sequencing information in sentences7.2 Listening

A You are going to hear this lecture. Write fourquestions you would like answered.

B ²Listen to Part 1 of the lecture.

1 What is the lecturer going to talk abouttoday? Write yes or no.l the doctrine of consideration l the postal rule l the quid pro quol executory contracts l executed contracts

2 What is the role of consideration in theformation of a contract?

C ²Listen to Part 2 of the lecture.

1 Make notes in an appropriate form.

2 What is the meaning of the phrase quid pro quo?

3 What four elements must be present for acontract to be formed?

4 What promise did Thomas make to Roscorla?

5 Why was the promise unenforceable?

6 Were your questions in Exercise A answered?

D Match each phrase in the first column of thetable on the right with the type of informationthat can follow.

E ²Listen to Part 3 of the lecture.

1 Makes notes on the information that comes after the phrases in Exercise D.

2 Were your questions in Exercise A answered?

F ²Listen for sentences 1–4 in Part 4 of the lecture. Which sentence (a or b) follows in each case? Why?See Skills bank

1 Perhaps I should just say something about past consideration.a The basic rule is that past consideration is insufficient to form a contract.b Contracts cannot normally be formed on past consideration.

2 One exception is the later promise.a If a later promise can be linked to the initial request, the consideration for the later promise

can be treated as all part of one agreement.b Consideration for a later promise can be treated as all part of one agreement, if a later

promise can be linked to the initial request.

3 The old case of Lampleigh v Braithwaite illustrates this.a The case demonstrates that the court can consider later promises. b What this case demonstrates is that the court can consider later promises.

4 However, Braithwaite broke his promise and did not pay Lampleigh.a The significance of the court’s finding was extremely high.b What the court held was extremely significant.

56

Faculty: LawConsideration under English law (Lecture 1)l doctrine of consideration l formation of a contractl executory/executed contractsl judges’ interpretations of consideration

Fixed phrase Followed by …

1 An important a different way to concept (is) … think about the topic

2 What do I mean an imaginary exampleby …?

3 As you can see, … a key statement or idea

4 Looking at it a general idea put into another way, … a legal context

5 In legal terms, … a new idea or topic that the lecturer wants to discuss

6 Say … a comment about a diagram, picture, case, example, etc.

7 The point is … an explanation of a word or phrase

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stress within words • fixed phrases • giving sentences a special focus 7.3 Extending skills

A ²Listen to some stressed syllables. Identify the word below in each case. Number each word.

Example:

You hear: 1 ga /ge/ You write:

consideration enforce performance

contract executory privity

detriment intention promise

doctrine obligation sufficient

B ²Listen to the final part of the lecture fromLesson 2 (Part 5).

1 Complete the notes on the right by addinga symbol in each space.

2 What research task(s) does the lecturer askthe students to do?

C Study the phrases from the lecture in the bluebox (below right). For which of the followingpurposes did the lecturer use each phrase?

l to introduce a new topic

l to make a major point

l to add a point

l to finish a list

l to give an example

l to restate

D Rewrite these sentences to give a special focus.Begin with the words in brackets.

1 In Chappell v Nestlé, the judges decided thatconsideration need not be adequate. (It)

2 The case was heard in the House of Lords in1960. (It)

3 The concept of consideration is very important forthe formation of a contract. (What)

4 The concept of consideration is complex becausethe interpretation of what is sufficient is based ona wide variety of factors. (The reason why)

5 Consideration ensures that there is always a quidpro quo in a contract. (The advantage)

See Skills bank

E Choose one section of the lecture. Refer to your notes and give a spoken summary. Use the fixed phrases and ways of giving special focus that you have looked at.

See Vocabulary bank and Skills bank

1

Case law on consideration complexnumber of diff. factors in any

agreement judges interpret diff. ways

Good consideration

* must be sufficient, i.e. measurable ineconomic terms

* does not have to be adequate, whatofferee offers does not have to match whatofferer thinks is r eal value

Judicial interpretation Chappell v Nestlé(choc. wrappers good consideration)

7 CONTRACT LAW 1: CONSIDERATION

The fact of the matter is, ...Not to mention the fact that ...

Let’s take …et cetera

You’ve probably heard of ...In other words, …

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