ANSWER KEY UNIT 4A THE LEGAL PROFESSION WORKING IN LAW Exercise 4 (09) a. Barter >. attomey Solicitor a. Lawyer Exercise 2 (p9) a Tue b Tue c. False a. Tue e. False MAKING A CLAIM IN THE CIVIL COURT Exercise 4 (p10) a. civ b. cial criminal a ch cnminal di. respond @ hear find g orer bali AREAS OF LAW Exercise 4 (p13) ‘a. Lawyers say to breach a duty of care. bin Engand and the USA the Iawy of fortis an area of civil law. © Atort is. type of civil wrong. d. Thenameofttistortisnegigence. fe. Suing means sterting proceedings against someone, Ina cil court. (© Cathars Meson & Resemary Aline 2007 f. The correct name for this money isdamages. & The correct name for this arrangement is 2 no winrno fee arrangement. Exercise 2 (p14) 3. suing, b. negligence damoges di allegetons @ gourds Exercise 3 (p14) a Mary b. Michaol & Tom Coy ©. Polly Kayleigh gz Sunita he David 1 Jenniver J Alstair Exercise 4 (016) 2. criminal law b. merged ©. intellectuel property aw drafting fe. the lev of eouity and trusts based in ‘emily iaw hn. goods 1. the law of tor i vad Exorciso 5 (016) Insolvent merger tenant Conveyancing, discriminate Unrar cismissat Sick pay lease of land and buildings ‘formation of a business partnership Matemity leave Capital Redundancy landlord 1. Real estate Exercise 6 (217) Employment iaw unfair cismissat maternity leave ciseriminata sick pay redundancy Business faw ‘formation of a business capital Insolvent partnership merger arFYrsnspapse Land law lease of land end buildings landiord tenant conveyancing ral estate Exercise 7 (018) o be a a e ‘maternity leave unfair dismissal sick pay discriminate redundancy Exerelse 8 (p18) be e a e formation of 3 business capital insolvent ‘merger partnership Exercise 9 (018) 2. b. 6. e tenant ‘conveyancing lease landlord real estate TOLES FOUNDATION EXAM PRACTICE Exercise 4 (020) 1. 3. 4 hen 2 student tinishes his or her legal studies ne or she has to make a two-year traning contract with a law firm. ‘Tho law of tort says that everyone must to be careful ‘and not harm other people. {wil start my taining contract with the Teyior Walls in September. Ifwe Issue a claim against you We nil ask for a very damages. He breached the contrect and {wil prosecute him in the chil court. Exoreise 2 (p20) L 2 3 a 5 Fase True Fase The The | i Senos eene as ‘ay sonseyUNIT 1B THE LEGAL PROFESSION ‘THE IMPORTANCE OF COLLOCATIONS Exereise 1 (p23) a b &) 2 ® 4 ©) 2 © THE IMPORTANCE OF PREPOSITIONS xereise 4 (924) againet forito a ein hat Exercise 2 (p24) in tor drafting for ‘acting forepresenting breech Brpeege ‘grounds ‘SOLICITORS AND BARRISTERS associate partner court i iesusd audience 1 judge Exercise 2 (020) 8. Oavid Ross & Co (0771292 0048) b. Marion Kaye (0774.77 5454) c. Judy Bercley (0774 3339989) 1. Patel & Co (0774 333 2323) Exercise 3 (228) negigence conveyancing redundancy charity insolvency tenant Exercise 4 (028) 2 Tue 'b. False (this law firm specialises in suing schools and coleges for nogigence) ©. False d. Tue e Tue a6 The law of equity and trusts Family law Lew The law of real property/conveyencing Contract law ‘The law of tort Employmentiiabour ew Business and company law Martie taw Contract law Business and company law The faw of equity and trusts The lawof tort Famiy law ‘The law of real ropertyiconveyancing, Maritime law Employment law ‘THE REGISTER OF LETTER WRITING redundant Finally Sole preetitioners sick pay maternity leave LISTENING Exerelse 4 (023) a be e 4, t 6 R i i solicitor insolvency banister corporate rating acting ‘carwayancing tenant Intolloctual quality USING YOUR KNOWLEDGE Collocation review (034) making breach crafting quality setting upftorming running practise suffered dameges i. take .cabulary review (p34) ‘tenant redundant partnershio insolvency ‘conveyeriing mediation negligence barrister goods attomey reposition review (035) 2 on be from with a in e. against nto & over h i grrre> vrspoppe ee . for i into ‘TOLES HIGHER ‘EXAM PRACTICE Exercise 1 (036) Le 2 ©) 32 © 4 @) 5) & © 7. (0) 8 2. 40. (A) Exereise 2 (037) 1 practise 2. chambors porerships employed pleading advocate Groting proceedings (0. damages corcise 3 (p38) For over ten years. Economics. One year. Because law firns ke diversity ‘and to employ people with a wide range of Sls and knowedge. ‘The UK Bachelor's degree in law. ‘The skill ot speaking on behatf ‘ofa client in court. 7. Negotiation sills and client interviowing. 8, Maths. 9, Because universities produce ‘too mary law gredustes. 40, It’s list of solicitors who ere cllowed to practise law. geanomne! PONE (© cathane Mazon & Rosemary Ane 2007UNIT 2A THE LANGUAGE OF BANKING ANEW BANK ACCOUNT Exercise 4 (p41) Verbs: to issue, to withdraw, ‘0 deposit, to transfer ‘Nouns: charges, statament, balance, feos, overdraft Adjectives: eigibie, curent Exercise 2 (p42) a b e a o £ g he i is kK L balance deposit current issue overdraft bil fee withdraw transfer eligible ‘charges statement Exerelso 3 (043) 4 az 3 4 5 a 7 Exoreiso 4 (043) 2. b é e t & n Deer INCOME oUTGOINGS: LEND BORROW owe beat RED BLACK Exoreise 5 (p44) b. & a. t & h red Exercise 6 (p45) van at for at ‘from with Exercise 7 (946) peooe © catherne Nason &esemary Airs 2007 WORKING IN A BANK Exercise 1 (p47) b. e. “The bank likes to have new customers because they make money for the bank. ‘The bank can open a business account for them, ‘The bank offers an interest rate of 4.3% on its SmertSave ‘account. A debit card takes money out of someone's account immediately. ‘To cefault on a loan means that You co not pay the money back ifs stranger has your address ‘and credit card number thay ‘ean use your money to buy things of tae money out of your account, Exercise 2 (048) a b e a e False False Two Falco False LOANS Exorelco 2 (248) a b e a e 1 & rh ‘Alison Golds The Royal Chatsworth Benk. Her house 22 Bivetell Crescent, Chetsworth She is singe £5000 No. By instalments Exorelse 2 (p49) b PRegap Yesteniay When she completed the ~pplication form Alison's personal details, ‘The bank approved it By eter ‘The loan agreemiant 36 months No Exercise 3 (049) b, trom for accruing TOLES FOUNDATION EXAM PRACTICE Exercise 4 (952) 1 a 3 (0) ® oO im} a) Exorelse 2 (052) gape @ 6) a a w Exorelso 3 (p53) b. . a. ‘The head office of the Glen Royal Bank isin Edinburgh. The Chatsworth branch cpened in 1988, ‘They compiined becausa some UK banks were charging thelr ‘customars more than £100 for ‘going over their agreed ‘overdraft iit. Ella Moran took logal action before the Office of Fair Trading rade its report because she vwes too angry to wait for them to help her. Ella Moran's agreed overdraft limit was £500. ‘lla Moran's overdraft ~eccidentally reached £560 ‘because her pay arrived at the ‘perk three cays later than usual. Chatsworth solletor Bary Henshall acted for Ei Moran Tn court. Ella Moran won her case very easily because the bank oid not flee defence. ‘The bankchad to pay £565 to Elle Moran to pay back the unfair charges and to cover legal costs. ‘Consumer law says that barks ‘must not use penalty charges to male a profit. UNIT 2B THE LANGUAGE OF BANKING ‘ABANK ACCOUNT Exercise 4 (955) b. ° a e f Intemet banking for quick and easy transactions Convenient telephone banking, Secure PIN number Free legal Information helpline Interest-free overdraft tecilty Competitie loan rates az fay oncename 809 Exercise 2 (057) across z % 8 8. 10. an ® 14, default interest rate cheque withdrawal income balance borrowing marital status down 2. ‘AN EMAIL FROM THE BANK Exercise 1 (p58) a. b credit card aporoved accruing ‘branch statement Instarments lender 6) @ @ a wy, (to) o a © LISTENING Exercise 4 (p59) Section Purpose of the lean: home improvements, Loan amount: £6000 Repayment period: 60 months/ five years. Soction 2 Tile: Ms Forename: Aison ‘Surname: Finch Middle Initials): none Date of Birth: 06.01.1979 Email eddress: Alison.Finch? 9@hotmal.com Number of dependant children: one ‘Marital status: divorced What sort of application: single Any other name: No Section House name/number: 39 Postcode: CH5 $0) Residential status: owner ‘Time at current address: two years and Home telephone number: (area code) 0774 (number) 6520309 ‘Mabie telephone number: ‘one month 08991670325 ‘THE LANGUAGE OF CONTRACT Exercise 1 (061) b & a fe. Password Online Service Gustomer User Berk Exoreico 2 (061) 2. comply b. disclose Inform G. suspend fe. authorise attribute & cancel FL deems i. render i process Exerelse 3 (262) a 22 b 24 25 ‘THE REGISTER OF LETTER WRITING Exercise 1 (063) 2, inform bi fallen into amears fc. took out instalments e. collect accruing & charged standard | response k indefauit USING YOUR KNOWLEDGE Collocation review (065) a. open b. rate made withdraw check renee cover consolidating I. process J. took out Vocabulary review (065) a brenches: bi. overdrat password suspended fe accuing F.instalments & default RL charges Led J. Statement Preposition review (065) 2. with b. from ©. for a. of eat f by & of over i. within through TOLES HIGHER EXAM PRACTICE Exercise 4 (67) 1. credit 2 red FERpae aay % 8 8. 10. take instalments, Interest branch currency rate balance tronefers Exercise 2 (068) L z 3, 4. 5 . exceed calculated maximum currentiy owe Exercise 3 (p69) 2 10. © a o @ © @ © The Falco False Tre Tue False False UNIT 3A THE LANGUAGE OF ‘CONTRACT LAW ACONTRACT CASE Exorelse & (073) 2 be a. Client detaits General information Facts of the case Wat | need to co Exercise 2 (074) a b ‘ a e False True False Fase Tue In some legal systems Charlotte ‘may have mede a contract with Chatsworth Citifravel. According to English lew site has nat. We will look at the reasons in this unit, xorelse 3 (p74) a b o 6 wo @ o @ @ {© Carne Mason & Rocemay fine 2007Exercise 4 (075) a. contract b. obliged precedent 6. aoveptance ©. offer offeror & case MORE ABOUT PRECEDENT Exercise 1 (075) False bo Tue False d. False e. Tue Exerelse 2 (076) 2. common b. precedent ratio decidenci 6. binding fe. instance Exercise 3 (077) ‘THE ELEMENTS OF A CONTRACT Exercise 1 (78) ‘The answer key does not provide en answer to this question. This is because the question esks for your opinion. Exercise 2 (p78) ‘Tho olomants of a contract in English law ara: intention, offer, ‘acceptance end consideration Exercise 3 (p79) a. offer 1b. consiceration ‘intention 4. acceptance Exoreise 4 (p79) ‘The ansiver key does not provide an answer to this question. This is ‘because the quastion asks for your opinion. ‘THE END OF AN OFFER Exercise 1 (p80) (@) Lapsed ‘he offeror i: DDS Future Ls ‘The offeree ie: David Jachzon (©) COUNTEROFFER The offeror is: emie Hammond. ‘The offeree is: Ben Wardle ‘© Catherine Mason & Roserary Aine 2007 (a) REVOKED The offeror is: Mie Thomas Tha offaree Is: Andrea Stewart WHAT IS CONSIDERATION? Exercise 1 (p81) Intention provide [recedent(s) forbearance reciprocal benefit dotriment Exercise 2 (p82) See page 438 at the end of the answer Key. CONTRACT AND STATUTE Exerelse 1 (p82) b ° t Paritament MPs A statute/an Act of Parliament Electod Lagslation ‘An election Exercise 2 (p83) b o d. e Exercise 3 (p84) Verbs: covers (to cover), places (to piace) Nouns: terms, transactions restrictions, liability Exercise 4 (p 84) 2a b ce a a t transaction cover restriction fatty tems piace Exoreise 5 (084) a be a a tens 2 tem2 tem 4 terms 1 READING CONTRACT LAW Exercise 2 (85) a b e dq ° False True True Tro Foleo Exercise 2 (p 86) opacity seal sum cischarged ‘enforceable injured pary voluntanily contrary donation ‘comply GOING To COURT Exereiso 1 (p87) a. False b, Tue c. False J. False e Tue Exerelse 2 (p87) a. b e a £ Exercise 3 (088) a. defective Bb. drectloss 8. suo d. defendant fe: consequential claimant ‘TOLES FOUNDATION EXAM PRACTICE Exercise 4 (p90) 1 2 © 2 @ 4 2 5 Exercise 2 (p90) 1 @ 2 @ 3 @ 4 @ 5 @) Exercise 3 (p91) @ @ enonas BemxomsunE So: UNIT 3B THE LANGUAGE OF ‘CONTRACT LAW WHERE DOES CONTRACT LAW COME FROM? Exercise 4 (093) MP Grafted ‘administrative ‘approves amendments rejects eleoted formality into force legisation rermmeaege 419 say pacey,Exoreise 2 (p94) a. commen b. judge precedent 4d. judgment e. guidance binding & Instance: L istinguish Exoreise 3 (p95) ‘from of es for through on 0 into READING A STATUTE Bxereise 4 (p97) a2 Exercise 2 (p98) 3. purports to exclude , arising in the course of ©. cccupation af any premises 4. void in any ease fe. have no effect . incorporate the term ‘THE ELEMENTS OF A CONTRACT Exercise 4 (099) 1. Constseration 2 offer 3. Intention to create a legal relationship 4, Acceptance READING A CONTRACT CASE Exercise 1 (p100) 1. This cose was heard in the Court of Appeal. b. MrBalfour was a civil servant at the time of the case. The ciaimant did not return to Ceylon with her husband because her dostar advised her 10 stay in England, The judge in the cour of trst instance decided that the parties had a contract. 2. The judge in this case was Lord Justice Atkin, Exercise 2 (p101) a sued extent tem hold spouses OFFER AND ACCEPTANCE Exercise 4 (102) a b. a. e ‘counteroffer lapse of time revocation death of the offerorotferce rejection CONSIDERATION Exercise 4 (104) a. B o 4 e f é h i profit detriment suffer reason reciprocal ‘contrary unqualified ‘consent, terns donations Exoreiso 2 (2105) a b c a ‘consideration provided sum provision USTENING Exercise 4 (106) PRT PAO ES ie ‘CONTRACT LAW IN PRACTICE no Texas ‘on a handshake Texaco ‘$10.6 billion ‘written contracts seal of red wax ‘contract for the sale of and bilateral unileteral Exoreise 2 (2107) a in b. over ce into a. for e fat & of RL rom 1 throven je against Exerelse 2 (p107) to of with against as by tor from Exercise 3 (9108) are aware notice replacement admitted inconvenience grounds breach issue proceedings compensation js as soon as possible ‘STARTING A CLAIM FOR BREACH OF CONTRACT Exercise 4 (110) 2. contracted b. defective & cover dispute Exercise 2 (o111) ‘See page 439 at tne end of the ‘Apsner Key. USING YOUR KNOWLEDGE apge @ hi PErgeogp 1 awarded J appeal Vocabulary review (0112) 2. epse BL counter c. oral a. statute @. offeror 1 overuied & reciprocal dotriment bilateral i dood reposition review (p113) in oy under unt fe. through fon & avYupon he between Loy i from (© catrorre Mason & Rosemay Ais 2007TOLES HIGHER EXAM PRACTICE Exorelse 4 (pi14) ep xomsepe 10. @ © a © @ o @ oO io a Exercise 2 (p115) prea r 8. 9, binding waiting Intention tems ofteree ‘counter precedents ‘consideration ‘exception 10. deed Exercise 3 (0116) 8. False Tue True False True True False True False 10. True UNIT 4A ‘THE LANGUAGE OF EMPLOYMENT LAW BEING AN EMPLOYER Exercise 1 (9119) poppe parpaoge Peter Connoly owns shoe shops. Peter Connolly employs 12 staff. Two staff work in the office. “The payrll shows Peter Connally who works for the compary and whet remuneration each person ‘receives from him each month. Remuneration means payment. Peter Connoly's staff are peld monthy. Peter Connolly's ful-time statt ‘work for 36 hours @ week. closing date track record © catherine Maton & Rosemary Akins 2007 Exercise 3 (p121) tor in at to at from Exercise 4 (p12) epply enclosed cosnier sis ‘enthustastic free ‘opportunity position AN EMPLOYMENT CONTRACT Exercise 2 (2122) a b e a e t retesm Remuneration Conficentiefty ‘Term of the contract, ‘Working hours Disciplinary procecure Pension op tte Holidays. Termination Grievance procedure Non-competition Sick pay Exercise 2 (0124) & BR tem provisions the hours salary holiday sick pay terminate Exercise 3 (p124) 2 b a e f Non-competition Remuneration Grievance procedure Job title Sick pay Tem Pension Holidays Confidentialty Disciplinary procedure Working hours Terninetion HOW CAN AN EMPLOYMENT CONTRACT END? Exercise 4 (9127) a. b c a resign resignation notice handing Exercise 2 (p127) a b ° a retire retirement pension plan Exercise 3(p127) a b e a. redundant Redundancy payment ‘taining Exercise 4 (127) a. be. °. cs dismissed misconduct procedure ‘sacked Exercise 5 (9128) a b. 4. leaving thes period month Exoreise 6 (128) b ACTING FOR AN EMPLOYEE Bxoreise 4 (0128) a b c d, e. f & n ‘from of on for in of for en of ‘oryupon @ 6 a Exerelso 2 (130) a b. ‘. e AGTING FOR AN EMPLOYER o ext —p pepregaepp ° UNIT 4B ‘THE LANGUAGE OF EMPLOYMENT LAW FINDING A JOB Exercise 4 (9137) 4. leglsiation b. gievance ©. absence dd. remuneration e. waning 4. temporary tack record 1. recruitment Exercise 2 (p137) a. generate b. range. &.epplicant d. essential Exercise 3 (9139) a. Tue b. False c Tue d. False e The Exoreise 4 (p139) a. from boon cof don eas WORKING IN EMPLOYMENT LAW Exercise 1 (p140) a. tribunal b. confidential c.representation d. employers fe. statutory governed & ludgments he complying Lae J paternity data 1 legisietion Exoreise 2 (p141) @.adhising on femily elated Issues such as matemity and paternity rights, b. acting on behalf of ckents at ‘employment tribunals data protection .advsing on pension rights drafting contracts of employment health and safety at work iesues & advising on all aspects of, diserimination at work Exercise 3 (p141) a. Itis dificult to descrine a typieal ‘employment case because tha wort is very varied. . Paul chose to practise in the ‘area of employment aw because the work is varied and interesting, An employer is more fkely to use Pau's senices because an temper is more lay to be aie {0 afd log rpreserttion, Jn employment lanyer needs ‘somo ofthe same skils 35 3 famiylavyer because emotions sre involved and cents fel very storey about tho fesues corcomed. Paul éeccrives the rights of workers and obligations of employers that arise fam Acts of Parliament as statutory rights ‘nd obiizatons. Paul has been working for Freeman Smith for 12 years. More employment iangers eave been need in resent years because employees are more ware of ther ris. Pall says that empiyers feat tunheppy about curent employment lav LISTENING Exereise 1 (p43) b e a. ft z hi, ¥ force promotion staff reoruitment graduate applicants currently tmo-day related financially SOME CLAUSES FROM AN EMPLOYMENT CONTRACT Exercise 1 (p45) under f Exercise 2 ( p145) a Bb. Exercise. a. b a. e f & he iL remuneration reimbursed incurred ‘eccordance force (p46) provisions ragloet ther than adversely misconduct imposed without prejudice to inrespect of convicted subject Exereise 4 ( p46) Felse True’ True False . Tue (© Cathoine Mason & Resomay Pine 2007AN EMPLOYMENT TRIBUNAL Exercise 4 (p147) arises | sort out get ‘sccept hold issue Exercise 2 (p147) a. coneltation 5. response 2. default judarnent case management Exercise 3 (0145) a. False bo Tue co. False a Tue a The Exercise 4 (p149) a do be with c can d. How @ When Exercise 5 (0149) a. An empioyment tribune! heers ‘cases and makes decisions on matters connected with employment. b. You can find full ist of the categories of complaints that ‘employment tribunals deal with ‘rom the Chatsworth Trbunal Office or from the trbunal office website. &._The staff at an employment ‘tribunal office cannot give legal advice. d. Tho tribunal office gives your employer 28 days to respond to {our intial letter of complaint before you can bring a claim. The three-month period begins with the date thet your employment ended or when the event that you are complaining, about took piace. Exercise 6 (9150) ‘a. employment matters b.unfeir dismissal seek help di. bringa claim complete a claim for ‘AN EMPLOYMENT CLAIM Exercise 4 (0151) Davi Cainley pepogp a b. Dan Beale Simon Cole d. Arthur Bentioy ©. Anna Kingston f. Alex Harmon g Brian Hedley RL Mogeie Redman i. Jack Welsh i. Deborah Clark (© catnee Nason & Rosemary Ais 2007 Exercise 2 (0154) ‘rag reap ee i awarded mwenaper suspended aamitted distressed resigned hearing alleged dicmiscal earings Exercise 3 (9154) a b. ° a ie \Meggje Redman was a manager at Casa. ‘Meggje Redman's yearly salary at Casa was £30,000. ‘wichael and Sarah Roeder wore the owners of Casa. \Maggje Redrnan had been ‘working at Casa for two months, Michael Roeder was not sympathetic when Maggie Redman told him that she was pregnant. Wexdie Redmen seid that she was too distressed to be able to Work efficient ater her ‘comersation with Michae! Roeder. Mr and Mrs Roeder punished Mage for alleged offences by docking her salary. No, Maggia Redman was not fired from her job at Casa, Maggie Redman's grouncs for bringing a caso against hor ‘employers were constructive ‘and unfair dismiseal end sexual discrimination. ‘The tibunal awarded Maggie Redman damages of £60,000. USING YOUR KNOWLEDGE Collocation review (0155) i i a b e a e f PRopapgperrzmmpap ep highly inour previous applied keep adversaly matarial ‘convicted ‘contributed imposes Vocabulary review (p158) applicant leave ‘termination dismissal discriminate sick ‘wibunals equal contentious safety Prepeeiton review (255) on by vith into Under & bh 1 ik to against over off TOLES HIGHER EXAM PRACTICE Exercise 4 (p157) 1 2 3 4 5 () a) (D) ‘@) © Exercise 2 (2157) 4s 2 3 a 5 é 7 a 8. 10, The False True Falco Falco True False Fale True . True Exercise 3 (0158) 1. a a 4 5 é z & s. 10. reforto ‘consulted in this rattor ‘contrary grievance procedure Premises ‘goss misconduct dispute unfair dismissal fourteen days ofthe date of this fetter UNIT 5A, THE LANGUAGE OF THE LAW OF TORT WHAT IS THE LAW OF TORT? Exercise 4 (0161) a b S a e True False False Falso Tue Exercise 2 (0162) a b a e compensate lable intention negigence damage Exercise 3 (0162) a b a. Attorts conduct that causes harm to another person, The heads of tort are the diferent categories of tort that exist in Engg ta. To bring an zetion in tort means to sue someone on the grounds that | have suffered harm. ‘A remedy is something that compensates me for my loes or that stops the harm from appening again, ‘ay sonsuyft The usual remedy for a tort is damages, Lawyers give the name ‘tortfeasor’ to the person who commits a tort ‘TYPES OF TORT Exorelso 4 (9163) a b ° 4 a. with against into ino Exoreiso 2 (p163) a b. To trespass means to interfere with something or someone, ‘The two types of tespass are trespass to land and trespass to the person. No, the law of tort doos not alaays stay the same. Lawyers usually divce the heads of tort nto torts that couse harm to people and torts that couse harm to land, Exercise 3 (p163) a b e a e f & h negligence duty of care falee imprisonment assault battery ‘trespass to the person defemation slander libel Exercise 4 (9155) a b a e f e hi Permission walking objects enjoy Geimants Yectory committed rounds ‘THE DUTY OF CARE Exercise 4 (165) a b e a f & R ® © @ ®) @ (2) m (4) Exercise 2 (2160) Be e a e Tue False Falco Te False Exercise 3 (0167) a b a ‘uparvon tor under in at MORE ABOUT NEGLIGENCE Exercise 2 (9167) b. o a e £ (ay (8) ‘A FAMOUS CASE IN ENGLISH LAW Exercise 1 (0168) o The MaLise! case lasted for nine years and six months, ‘The claimant in this case was MeDonale' ‘The two defendants in this case were Helen Steel and David Morris, Helen and David were woried about that way that certain large ‘corporations were behiaving in relation tothe environment. Halen and David told the public ‘about thelr worrias by giving out leaflets. Helen and David claimed that MeDonald's was partly to blame {or the destruction of the rainforests. McDonald's did not need proof of damage because libel is actionabie per se. The court of first Instance held that Helen and David were guilty of tibet. ‘The European Court decided ‘that Helen and David's defence ‘was not so well prepared 2s MeDonakd's’ claim becausa Halen and David could not pay for an expansive logal team. ‘The European Court of Human Fights also ruled that Helen and Davia's right to free expression was violated. TOLES FOUNDATION EXAM PRACTICE Exercise 2 (0171) a 2 3 4 5 6 % a 8 %) Exercise 2 (0172) 1 2 3. heads trespass uisence conduct faiure care foreseeable compensate remedy tortfeasor Exercise 3 (9173) 4. Fase 2 Twe 3. False 4. Tue 5. Te UNIT 5B THE LANGUAGE OF THE LAW OF TORT ‘AN INTRODUCTION TO THE, LAW OF TORT Exercise £ (0175) a. remedy ‘wronged rearess care breached proof damages incured distress J. deterent Exercise 2 (p176) 2. wronged b. care ©. breached d. damages fe. deterrent proof redress nh. Inoured FRSpaos WHAT IS TORTIOUS LIABILITY? Exercise £ (0177) a Tue Tue Faise Fase True Exercise 2 (178) duty of care tortious Fabltty twespass to land ‘omission Vicerious liabilty ogllgonce strict isbilty tortfeasor remote libel ‘SOME CATEGORIES OF TORT Exerelse 1 (p180) a 6) b @) 2 @) 8. 6. @ a a Rape (© Cuthsine Mason & Roseman Ans 2007LISTENING Exercise 1 (0181) a b ce a the law of obligations. to remedy a wrong ‘monetary compencator/damages injunction the tort of interfering with ‘nother person's enjoyment of their lend tortious labitiy the duty of care fat to harm a person's reputation defective goods/a defective Product ‘the dustbin’ or ‘the gerbage can’ of the law of obligations ‘THE TORT OF NEGLIGENCE Exercise 1 (182) a b e a e t ‘ hh ogee ask one contribute argue expect do establish Exercise 2 (p183) me 4 a e Tue False Tue Tue False xerelso 3 (0183) e upon under of by At ‘THE MOST FAMOUS TORT CASE Exercise 4 (0184) a b. e a ‘Mrs Donoghue was fram Glasgow. The adress of the café was 1 Welmeadaw Street, Paisiey. No one vas able to see tho contents of the bottle because the bottle wes opaque. Mrs Donoghue cleimed to have found the partly decomposed remains of a snail in her bottle of ginger beer. Mrs Donoghue was treated for gasiro-enterttis Soon after her ist tothe café. Mrs Donoghue was treated at ‘the Glasgow Royal infirmary. Mrs Donoghue claimed that the incident nad also caused narwous shock. ‘Mrs Donoghue's friend could have sued Mr Minchella i no oF she hed drunk the ginger beer because there was a contract between them. itis surprising that Mr Leechman decided to take this case to (© Cutetne Mason & Resomay Akins 2007 ‘court because there was no fegal precedent for such an action, ‘This case established that there is a duty of care between ‘manufecturers and consumers. USING YOUR KNOWLEDGE Collocation review (p186) i i ‘awarded loss acts imposes ‘owed assumes establish suffered foreseaable chain ‘Vocabulary review (9186) a b a . ft & rn L i b © a a f & he is i distress tortious Vicarious stict tortfeasor ruisence defamation twespass remedyrredress remote Preposition review (p187) for to onfupon wo from by onvupon of in for TOLES HIGHER EXAM PRACTICE Exerelso 4 (0188) 1. 2 3 4 5 6 7 a s © (0) (a) (0) @) (@) ©) ( (8) 10. (©) Exercise 2 (189) 1 2 a 4a 5 a 1 a (c) @) (0) (0) @ () Exorelso 3 (2190) True False Tue False 5 Tue 6. Felse 7. False 8 False 9. Tue 10. False UNIT 6A. UNDERSTANDING CONTRACTS (4) ‘THE STYLE OF WRITTEN CONTRACTS Exorelse 4 (193) 2, The English of contracts is more ifficut then general English. b. A ypleal sentence In 2 contract written in English can be 100 ‘words or more. fc. No. Lawyers sometimes use 2 different word order when they draft contracts, 4. Laayers use fang lists of. ‘synonyms when they draft ccontrects because they think ‘about the fact that a judge will interpret the contract irthere is a disoute. e. People give the name ‘legalese" to the style of witing that lawyers use. 1. Modem levyers ara encouraged to vite in a style callad ‘plain Engisn’. Exoreise 2 (p194) UNDERSTANDING FORMAL EXPRESSIONS Exerelse 4 (0195) soy somaExorcise 3 (p197) a. inasmuch as b.notnithstanding . notnithstanding d. inasmuch es Exercise 4 (p198) ‘named, called, mentioned gion 29 Inchsive of 3. refered to engaged in dd. prorto subject to UNDERSTANDING TECHNICAL WORDS Exercise 4 (9199) a. TERM b, GINENOTICE EXPIRATION d. PROCUREMENT & AGGREGATE 1. UNDERTAKE & mNcUR UNDERSTANDING ARCHAIC TERMS, Bxoreiso 4 (p201) a. archaic be legal delete 4d. preposition @ clause 1. mentioned g hereinatter fL thereon Exercise 2 (9202) hereinafter heretofore hereby b. herein Exorciso 3 (p203) b & 4. e Exoreise 4 (p204) b. delivery dete delvery nate defective goods UNDERSTANDING SOME COMMON WORDS a d. Exercise 2 (9205) ‘A contract forthe hire of a hotel for a company’s conferen premises, staff hirer, onmer. A contract for the transport of ‘goods by ship: import duty, Caniage, in transit, on board. A contract conceming @ company's intellectual property rights: copyright, tademark, patent, hereunder thereby thereto therein thereinatter thereon invoice invention In transit her patent ‘On board owner Invention. Exorciso 3 (0206) b o a Exercise 4 (0206) a B e o Exercise 5 (0206) a b a ‘THE STRUCTURE OF A hirer Premises statt on board canioge import duty in transit invention copyright patent trodorark CONTRACT Exercise £ (0208) 2 be c a f & acenRaN Exercise 2 (7208) a. the defined terms bi the patios ©. the delivery of goods/servces the recitals the key obligations Exercise 3 (2209) 2. partes be serateh recitals bank e dolvery ‘TOLES FOUNDATION EXAM PRACTICE Exercise 4 (0212) 1 @ 2 (8) 3. (8) a 5. A) Exercise 2 (9212) 1. @) 2 © 3 4 5. tH) & W 7. © 8. (8) 9. (D) 20. (0 Exercise 3 (0212) contract, ‘amount of money receiving written, specifies the currency of the United Kingdom; pounds, agreed date for payment gow, accumulate provided late if monom -=>oe UNIT 6B UNDERSTANDING CONTRACTS (1) ‘THE DIFFERENT PARTS OF A WRITTEN CONTRACT Exercise 1 (0215) ‘3, the key obligations bi the recitals ‘e. the defined terme . aschedule fe. the parties f. the delivery of goods/services PARTIES AND RECITALS Exercive 4 (p26) a. refered bana e. Byer engaged reteier subject © cathne Macon & Resomary Aline 2007exercise 2 (6217) FRop apse ravseran Exercise 3 (0217) a b e a e a on in at of by to Exercise 4 (5218) b é e t & nineteantivae Juy BPP Distsution Lt 3456789 ‘The English Educational Press Utd 6789012 Publisher Exercise 5 (218) a b e d oe £ registered sat out ereinatter chain WHEREAS. engaged DEFINED TERMS Bxereise 1 (6219) a. b a 3 2 4 1 Exereise 2 (0220) a, b. a. e sovant empioyse professor ‘gent. principal Exercise 3 (0220) a be & a. t in for yy to with of Exereise 4 (221) = b 4 @ a @ @ Exercise 5 (p22) To be Issued with something ‘means to be gven something in {the correct way or using the ‘correct procedure. Servants are omployees. Hereof means of this contract. Sums payeble means the ‘amounts of money owed. Fields means areas, ‘© Cather Mason 2 Rosemary Atens 2007 Exercise 6 (0222) a be & a a contrary senants headings principal fiotd ‘THE KEY OBLIGATIONS Exercise 1 (0223) 1 & n I ‘Hirer ‘Schedule set out Premises sum ‘consi¢eration Exercise 2 (p224) a a £ ‘Some words have a capital letter whenever they are used in this contract because they are defined terms. The hotel has been gven the teim ‘London Bridge Hote! in the definitions saction of this, contract. ‘The wine importing company has been ghen the term “the Hirer in the definitions section of this contract. ‘Tho Hiror shoul look in the Schedule ta find out how much ‘the Fire of the roorrs in the hotel will cost. ‘The Hirer also has the right of ecoess to the rooms by the usual routes, In later clauses of this contract te three rooms are referred to as ‘the Hired Premises’ Exercise 3 (p225) di 2 be. ad. Exercise 4 (p226) b. ° 4 a b. howsoever ‘execution cercise 5 [p226) Term segregate defective procurement ‘annum Exercise 6 (0227) & Db e. of by with Exorelse 7 (p27) Term ‘Agreement ‘Techd Consulting Customer ‘Schedule A Office Hours & Premises hn. Schedule B Exercise 8 (1228) 3. payable b. reviewed increase dd. Included fe. Additional Overnight Exercise 9 (5229) aon bly eat d. of fe. after f tn & within Exercise 10 (9230) a. Tem b. Schedule consideration 4. defective fe. deposit DELIVERY OF GOODS OR SERVICES Exercise 4 (230) a © 2. oO e @ 4 © e © Exercise 2 (9231) a. Lil find the ist of goods that are belng sold under tis Sereament in Scheduls A. b. The name of the snip the Queen ofthe tte’. Tho Soller is responsible for the costs of transporting the goods from the factory where they are radsto the shio. 4, The Sellers fable for any taxes that must be paid when the goods leave Ireland, fe. The Seller wil sue the oss some ofthe goods are broken ‘when they ate being removed. ftom the lory to be loaded onto the stip. 4. The buyer wil surfer he loss tt ‘some of the goods are broken a few moments aftr they are Ioaded onto the ship. Exercise 3 (p232) a. Seller B. lakity ©. notice d, receipt 2 option 1. delivery Exercise 4 (p232) a. by ‘for of to ‘rom within, paog 427 Foy so4enyExercise 5 (9253) cover the costs which arises from in the event that be binding upon inoured by the Customer 48 hours of receipt exercise 6 (0255) a. bome b. liable & option board fe transit USING YOUR KNOWLEDGE Collocation review (0235) set out served entering ccamy outperform detectve set comply bear ‘ncured loaded Vocabulary review (2235) reaitals retailer servant ‘agent ‘consideration tem egrerete procure transit iL essence Proposition review (p236) a. on b to © to & to efor funder gon 1h. between i. Under i in ‘TOLES HIGHER EXAM PRACTICE Exorelso 1 (6237) 4 (6) 2 © 3. ©) 4 a) 5. (c) Exercise 2 (0237) 4. (8) 2. (0) 3. 4 © “ ppaege PROP RO PP ETT FAN PAPE 428 UNIT 7A ‘THE LANGUAGE OF BUSINESS LAW ‘SOLE TRADERS Exercise 2 (0239) \Verbs/phrasal verbs: to sat up, to register, to manage. "Nouns/compound nouns: sole trader, profit, option, investment, ‘expenses. ‘Adjectives: lable, self-employed, annual. Exercise 2 (2240) b ‘option Exercise 3 (0241) b 6) a 3) Qo @ PARTNERSHIPS Exerelse 1 (0242) a b ce ca in oF between for for Exercise 2 (242) be @) © a Q aq @ Exerelse 3 (0243) Francesca Rodd achises them ta have a partnership agreement. To contribute money to the partnership means to invest, ‘Money in the partnership. Partners usvally divide losses in ‘the same proportion as thoy receive tho profits. Partners usually draw money out of the perinership bank account for thelr onn use each month. ‘The other way is resignation, A notice period is the periad of Waming that a partner has to gre to the other partners before he or she leaves the partnership. ‘To expel someone means to force that person to leave the partnership. h. To dissolve a partnership means to end the parmership Exercise 4 (0244) a. False b. False ce. Tue d. Tue fe. Fase 1 Fase Exercise 5 (0244) 2. drawings b. contibute ec. loss 1. notice period e. retire £ ecpel & resign AL capital i. management dicsolved ‘ede under I. proportion Exercise 6 (6245) a. EQUITY b. SALARIED ce. SLEEPING Exerelse 7 (0245) a. salaried Db. Sleepingjcormantisient fe. equity APARTNERSHIP AGREEMENT Bxercise 1 (246) ‘2, What isthe full name of each partner? b. What name will the partnership ‘rade under? How much capital will each partner contribute to the partnership? 4. How will the pertners share the profits or the losses? eHow much will each partner's ‘monthly drawings be? Who will nave autnorty to sign partnership cheques? & How long wil the notice period {for resignation be? fh. What wil the retirement ago bo? Exercise 2 (247) a. Samantha Sully and Kate Mace Revitallse £2500 each 50:50 £500 2 month each Either partner can sign chequos Three months 55 LIMITED LIABILITY PARTNERSHIPS Exercise 4 (p248) Umited abilty partnership ppersonal assets limited liability Incorporated business Tegal entity ‘member (© canatne mason & Rosemary Ans 2007COMPANIES Exercise 4 (p249) b a a e f. rreren o a t ‘To incomorete a comoary ‘means to set up and register a ‘nev company in the proper way. All companies in England are registered wth Companies House. ‘Anow company can bagin to ‘trade in the company's name ‘when the name appears on the cffcial register of companies. Another name for a legal ersonaliy is e legal entity. ‘The people who own a compeny cere celled the members or ‘shareholders. A dividend is a payment of a company's profits to the shareholders, A shareholder won't have to use Fis or her own money to pay the ‘cebts of the company because the shareholders have the protection of limited abit, Exercise 3 (9251) Tue The False False True False £1 8 PUBLIC AND PRIVATE LIMITED COMPANIES Exorelso 4 (253) False (© Cathoine Mazen & Rasomar Aine 2007 True False True Felse True Exercise 2 (p254) a. Yos b. No & No d. Yes No Exercise 3 (p255) " emase-osa 10.1 INCORPORATING A COMPANY Exercise 4 (0258) off-the-shelf articles of association certificate of incorporation ‘memorandum of association ‘annul rotum roretse 2 [a257) ‘COMPANY NAME BL REGISTERED OFFICE e. OBJECTS: 4d. STATEMENT OF LABILITY ‘SHARE CAPITAL ‘SUBSCRIBERS Exercise 3 (0258) subsoribors rogstered office ‘company nme objects share capital staterent of ability TOLES FOUNDATION EXAM PRACTICE Exereise 4 (9260) 1 0) 2 2 © a © 5 0 6 2 © 3 Oo 9. @ 10. (8) Exercise 2 (p261) 1 © 2 @ 2 40 5) Exercise 3 (0261) 1. Tue 2 Fate 3. Tue 4. False 5 Tue UNIT 7B THE LANGUAGE OF BUSINESS LAW INCORPORATED AND UNINCORPORATED BUSINESSES Exercise 4 (9263) a. incorporated businesses: legal entity, prvate limited company, share, dividend, member, limited lebiity partnership, ‘corporation tax, public imited partnership, unimited tabiity, partner, jt and several liabily, Sole trader. Exercise 2 (p263) a. partnership public fimited company ©. private limited company dL limited liability partnership e. soletrader bear uuntinited personal from over PARTNERSHIPS a be. 8 d 8 makes z fh L k legal entity © selfomployed profits 2. Joint and several creditor & accots AL equity |. salaried i. sleeping dissolved |. resigns 420 fo ss‘THE LANGUAGE OF DRAFTING Exorelse 4 (p26) 22 » @ « @ Exoreise 2 (p268) a @ ow . @ 49 2 @ Exercise 3 (p269) a. schedule b. whatsoever . Annexed dd. context respective Exercise 4 (p269) a. hereto b. horeof respective di. annexed @. former {whatsoever & thereof Exercise 5 (9270) notice ‘expulsion determina retirement provisions by reason of dissoiution ‘commencement ceases resignation subject to ‘duration majority survivors Bronce 6 (9273) True False False True False False Tue Exercise 7 (0272) . Proportions means rates, usually expressed as a percentage, b. Determined means decked. ‘c.Entiled to means to have the fight to something. To cran means t0 take money ‘from an account. ©. Aggregate maans total, ‘THE REGISTER OF LETTER WRITING Exercise 4 (0272) 2. contributing DL share ary proms © Table cL partnership debts/debts of the partnership reerpeesp park mrpenee Z & ah ‘draw £500 a month eactyhave ‘monthly drawings of £500 retirement age as being 60 ‘expulsion fromyexpeting a partner from dissolve COMPANIES Exercise 1 (7274) reErppege rar incorporated businesses legal entity disclose members limited bitty ‘corporation tax income tax directors vier company secretary single-member company share capkal INCORPORATING A COMPANY Exercise 1 (9276) a B a e ft s he oe sola liability entity incurred offthe-shelf incorporate ‘memorandum of association registered office objects articles of essaciation subscribers ‘compliance LISTENING Exercise £ (0277) a b a e f & he Outback Adventures Ltd 15 London Road, Oxton, 64 Green Lane, Lettford, Hapshire, OX37 SFS Ms See page 442 at the end of the Answer Hey. PAPERWORK Exercise 4 (5278) ‘See page 440 at the end of the Answer Key. Exerelse 2 (0280) 2 b e t name registered office objects Taiity share capital ‘subsoribers| Exercise 3 (p281) ‘See page 442 at the end of the Answer Key. ‘SHARES AND SHARE CAPITAL Exerciso 1 (282) a b a e f £300,000 EL 200,000 400,000 460,000 0p) UMITED LIABILITY PARTNERSHIPS Exerelso 1 (0283) a e f Ithecame possible to set up limited lability partnership ‘the UK in April 2004. ‘Accountency firms and law {ims tke to use this particular structure for their business. A limited febilty partnership has to send an annual retuin and accounts to Companies House each year. ‘Someone Inows that a business 's a limited llabilty partnership ‘because the reme of the ppartnorship must ond with LLP. ANLLP is taxed as a pertnership. limited liability partnership must have at least two designated members, ‘THE LANGUAGE OF DRAFTING Exercise 4 (0284) b « a « to of In wth under at Exorelse 2 (0284) b d t & ab \ 9) o. a a) a © Q) @ @ Exercise 3 (6285) repeeapee take effect determine subsist In the event that prior benefit consent ratty indemnity Exercise 4 (9285) False True True True True (© Cathane Mazon & Rocomay Aine 2007USING YOUR KNOWLEDGE Collocation review (9286) a. considered deciared fluctuated unlimited disclose settled 2 issuec/allotted take: record Vocabulary raviow (p286) a. omel invest certificate reminevperace incorborate/register entityipersonaity orawings subscribers objects reposition review (b287) in wo on of at of wo o con/upon TOLES HIGHER EXAM PRACTICE Exercise 4 (p285) L © 2 @ 2 © 2 oO 5 © Exercise 2 (p288) mega veserpepee eres L 2 3 4 Sige minimum & tmtea 7. ragstortio 8 memorandum 8 lee 40. comply Exercise 4 (9280) . He was made redundant 24 months Apprvate limited company {An off-the-shelf company 5. Exclusive art Ltd 6, Paul Evans and his wit, Juaith Evans 7. No AONE (© catnene Nason & Rosemary Ans 2007 8. ‘The lesuod share capital 9. He uses his homo address +10. The certificate of incorporation UNIT 8. MODERN LETTER WRITING ‘THE LAYOUT OF A LETTER Exercise 4 (p293) 2. Sender's eccress b. The date c. Recipient's detais Subject line/the salutation 2 The salutatior/subjest line The body of the letter g The complimentary close A. The sigrature |. Painted signature block a b. The date S. Reference d. Recipient's detais @ Subject tinethe salutation 1. The salutationsubject line & The body of the letter A. The complimentary close i, The signature Printed signature block Frozerpeangp 5 ‘SALUTATIONS Exercise 1 (9297) a. Ms Stator b. Siror Macem/Sire © Matthois d. Ms Gabanna ce Ms Walis and Mr Dongahue f DrBariey & SirorMedem/Sis Siro Madam 1. Mrand Mis Simpson J. Mrs Robson K Madam COMPLIMENTARY CLOSE, Exercise 4 (298) a. Yous sroerey BL Yours rathly Yours snceroy d. Yours sincerely ©. Yours rathtuly f. Yours faithfully & Yous sinceraly ‘fh. Yours sinceroly Youre faithfully ‘SUBJECT LINES Exercise 4 (0301) a b e Lettor3 Letter 1 Letter 2 PUTTING A LETTER TOGETHER Exercise 1 (303) ‘THE REGISTER OF LETTER WRITING Exercise 2 (304) a b. a 3 Q) ao Exercise 2 (p305) a b G a e ay @ wo a @ Exercise 3 (0306) b. a e t & in a) @) @ a @ eo om © Exercise 4 (0307) 2. b. “ e t consider extievabove cconcemning/regarding, sk that byes 235 soon as possible Exercise 5 (p307) be. e a e f ‘confirms this waived breach have felled to meke your payments your creditors Tle ‘THE CONTENT OF THE LETTER Exercise 4 (9308) ‘We are writing ta contr tat. ‘Thank you for your latter offdated 12 June. With reference to our telephone conversation... 431 fay sancwye. ‘We are pleased to inform you thet... {am pleased to tell you that. UnforunatelyRegrettably. We regret to inform you tat. Lam afraldsorry... We would be grateful if you couldjwould... would appreciate iti you could... Please/kindly... Lam sorry about the delay in replying. We apologize for any inconvenience caused, Pieese accept our apologies. enclose... Please fird enclosed... Ifyou have ary questions, please do not hesitate to ‘contact us, If we ean nelp in any way, please let us know. Hook forward to hearing from you. ‘TYPICAL SENTENCES IN LEGAL LETTERS Exercise 4 (9310) b. e a 8 | act on behalf of. | am instructed tht... [Lam wetting to... If ¢o not hear from you within 1 days of the date ofthis letter, | ar instructed to start legel proceedings immodiately. "ook forward to hearing from you 28 soon as possible. LETTER WRITING CLINIC Exercise 2 (0314) b o e t & rR i A the rovide/supply ‘tips. {orfn respect of Proot ‘My client requests «full account ‘fhow his funds have been used. advieed court incur lease confirm as soon es possible that you heve received this letter. CORRECTING COMMON MISTAKES IN LETTER WRITING Exerelze 4 (9318) 2 8) b @ © 8) © (4) e @ Exerelse 2 (0318) 2. Dear Instructed, Mr c.requesting, received, response ¢. recelved, enclosed €. resolved/sattled, start Exorciso 3 (0316) a. information bw sald ©. explain to me e. startto bulls Exerelse 4 (0316) a (ty b « 3) a @ e 4) Exercise 5 (0316) a. hereby b. abovementioned ‘c.fortinith d. hereto fe. hereunder Exerelse 6 (p317) a. act b,_hisvherthe conduct, immediately d._attached/enclosed fe. requested Exereise 7 (317) a. provide bo It ‘c. According to d. obtain fe. perform {people consider ended agreed star Connected with L clear Exorelco 8 (318) demage acvice Insurence evidence evidence ‘compensation roof research cereise § (9319) alotor some policy much piege of eaccem sarsapee £ & rh compensation proof a great deel Exercise 10 (9319) e a. e fy z nh disturbance admission ‘amendment dismissal response ‘abatement distinction loss Exercise 11 (p320) a be ce a e ‘advice response joumey effect ‘roof xereise 12 (9320) a b o a e te ie he incorect ‘conect Incorrect conect ‘comrect incorrect conect Incorrect xercise 13 (9321) a b. a rate, take out weste, incur due, outstanding dispute, pay denies, find Exereise 14 (p321) to act for your behalf (on) responsislty of your case (for) ‘currently of the rate (et! placed at client account (in) ‘eucited fom (by) ‘esponsbilty of (cr) Bxereise 15 (9322) a b. s a of to for 2s to Exercise 16 (9322) a. b a & in of with to on TOLES HIGHER EXAM PRACTICE Exercise 4 (323) Beene sepr ‘on your bohaif . e 4. in to unt of Exercise 6 (399) a wit at a of ‘@ Cathsne Maton & Roseman fins 2007Exercise 7 (9393) a be o a to ‘rom by Exercise 8 (9394) a. o ° a 2 ‘Notwithstancing, provision title price duo INTELLECTUAL PROPERTY AND CONFIDENTIAL INFORMATION Exercise 4 (9394) B. This isthe IP clause This is the non-d'sciosure clause Exorelso 2 (9395) B c a False True True False Exercise 3 (9395) FErpanee i as at with ‘for onto to in of between ‘rom Exercise 4 (9397) PRrpapgp 2 @ @ (a0) ®) @) 4 @ iO) 3 Exercise 5 (7398) a b. & bh ‘The supplier referred to in this clause is Lydia Barlow, ‘The company referred to in this clause is Pure Adventure Travel Ltd. must look in Schedule A to ‘ind out how much the compery will pay to the sunplier for producing the brochure. ‘The clause gives the company {ull ovmership of the copyright materia ‘The word is ‘assigns. No, the compary is not limited to using the copyright material in the pisces ited in this clause, The phrase is ‘not limited to’. Yes, this clause doas permit it Exercise 6 (0398) a be discose thea whatsoaver (© cametne tacen& Rosemary atlns 2007 a e Ainited expiration WARRANTIES AND INDEMNITIES Exercise 2 (p399) (Clause 4 is the warrenty. Glause 2 is the indemnity. b ce a. warrants disclosed indernnifies caused Exercise 2 (2400) a be o a e t & rR ‘uinous financial experiences who owns the copyrignt amend genta licence defamatory assignment warrenties indemnity Exerelso 3 (2402) a. b e a Tue Tne Tne False The Exorelco 4 (p402) b c a warrants disclosed ‘unter assigned domain Exercise 5 (9403) a be o. a e indernnified party iniuy costs alegation Exercise 6 (2403) a B a a under in of as to Exerelse 7 (0403) against ‘from Exercise 2 (2405) 4, 2. 3. ‘The court refers to a very serious breach as ‘a material breach’. ‘A minor breach is a less serious kind of breach. |A minor breach normally aves ‘ise toa ceim for damages. 4, The contest legal name forthe soiution that the party In breach gues s‘a remedy’. 5. breach must be a teat to the purpose of the contract in order to be described as a material breach. Exercise 3 (0405) a in Boas c % 6. for e a. assets b. without prejudice . remesty ©. notwithstanding @. credtors receipt of & suspend he cea i duo i subject to Exercise 5 (0407) 2, False b. Tue False a. Tae e Tue FORCE MAJEURE Exercise 1 (0408) 2. earthquake, flood, epidemic, drought, avalanche b, mechanical fellure, communications failure, electonic falure rebelilon, war, ot, cbt unrest, acts of terraism, Sabotage, hijacking, strke, cll war, criminal acts, arson Exercise 2 (e409) a for b. under fe. from a. of 2 0 Exoreiso 3 (0409) a control b. limited . performance d. terminate ® notice USING YOUR KNOWLEDGE Collocation reviow (p40) a. free b. implied ©. materi d. remedy e. retain 1. provided & disclose hn. take out. i tem dey toy oucy