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    of 59
    THE STUDY OF LAW Lead-in ‘The word tort is usually. unfamitiar to learners of English, As with other legat English terms, many native speakers af English who do aot work in the law would not know the word either. What do you think it means? La The area of tort law covers @ wide range of cases. Match these case descriptions (2-3) with the case names (a-c). 4. A clvil case for wrongful death which followed an unsuccessful criminal prosecution for murder 2 An urban legend about a woman who sued a company for damages because ‘the instruction manual for her microwave oven gave no warning against the way she used it 3 A 1994 case in which $2.7m in daitiages were awarded a Liebeck v. MeDonald’s Restaurants b The People v. OJ Simpson © Hubbard v. Speedicook b What do these cases have in common? 2 Complete the definition below using the words in the box. r | act_dameges. harm _parly Tort: 2 wrongful 4) 2: that causes 2) another person for which the injured 3) Cee : to may request Reading 1: Tort law 3 Read the text on page 29 on tort jaw and answer these questions. 2 According to the text, what are the two main objectives of tort law? 2 An injured party can sue for damages or for an injunction. According to'the text, what types of loss can be compensated by an awerd for damages? 3 What does the term injunction mean? Use the Glossary if necessary. 4A manufacturer produces a dangerous toy train. What category of tort is this? 4 Match the adjectives (1-6) with the nouns {a-f) they collecate with in the text. a civil a damages 2 contractual b wrong 3 injured © misrepresentation 4 fraudulent party 5 medical e relations 6 monetary f expenses @ | | | i q | | A tort is @ clvil wrong that can be remedied by awarding damages (other remedies mey also be available). These civil wrongs result in harm ta @ person or property that forms the basis of a claim by the injured party. The harm can be physidal, emotional or financial, Examples of torts include medical negligence, negligent damage to private property and negligent misstatements causing financial loss. There are many specific torts, such as trespass, assault and negligence: Business torts include fraudulent misrepresentation, interference in contractual relations and unfair tusiness. practices. Torts fall into three general categories: intentional torts (e.g. unfair competition), negligent torts (e.g. causing an accident by failing to obey - - ‘tafe rules) and strlet flability torts (e.g, lability for making and selling defective products)., Why some wrongs aré dealt with by tort law (or the.law of torts) afd others. considered criminal offences is.the subject of some debate. However, there > are certainly overlaps. between tort law and criminal faw, For example, a defencant can be Hable to compensate for assault and bettery if. tort and” ‘also be punished for thé criminel law offence of assault. . Differences beiween tort law and criminal law include: the parties involved > ithe state brings on action in crime, a private individual brings an action « in tort); the standard of proof (higher in criminal iaw); and the outcomes. "(a criminal action may result inva conviction and punishment, whereas an "| action in tort may result in ability on the part of the defendant and damages awarded to the olaimant’). e Se i The pulmary aime of ‘ort law are to provide ‘élief for the ham effec and «deter other potential tortfeasors from committing the:same harms. The injured person may Sue for both.an injunction to stop the tortious conduct Use the collocations you formed in Exargise 4 to complete these sentences. 4 White a crime such as murder or shoplifting (s 2 wrong committed against society, a tort i$ A ... committed against an individual. 2 Torts are handled in the civil courts, where the brings an action against the wrongdoer. 3 In most cases, the injured party is entitled to remedies under the law. such as a | 4 Inmedical malpractice cases, the damages awarded to the injured party may include lost wages and —itaneritone ® Units Tot ow (» > 4 5 The tort of no OCCUFS when ONE Of thE Parties to & makes a false sictement about a fact and knows it is not true, andl is acted upon, 6 When 2 person stops parties from entering into a contract, for € person is said to interfere in - ple, this & What do you think these types of tort mentioned in the text mean: assault, negligence, trespass? What kinds of acts clo they cover? Give examples of what someone has to do to be liable for each of these torts ih your country. Reading 2: Case note Law students often read or write.case notes! to prepare for classroom discussion at university. case note is a short summary of the most important information about a case, As such, it a uyeful’study tool. The format and contents of @ case note can vary, but usually it includes the following sections: case, facts, procedural history, legal issue, ruting and seasoning, 7 Quickly read through the case note below of an important tort law case and match the headings (2-6) in the brief with these descriptions (2-f). a: relevant point of law by information about the parties and the case © what the court decided what happened © why the court came to thet detision # how the lower courts decided 1 CASE: Palsgratv. The Lonig tsland Railroad Company, 248 NY.339; 162 n.e.99;Court of Appeals of New York {1928} ae 2.» FACTS: Plaintiff was standing on a platform of defendant’ ralload when a train moved off ~*from the platform. Even though it was already moving,a passenger ran to catch the train. The man, who was carrying a package wrapped in paper, appeared to lose his balance while trying to board the moving train. An employee of the railroad reached out to help him. This act caused the package in the man's arm to all onto the rails. Unknown to the employee, the package contained fireworks, When it fel, the fireworks exploded, causing som large equipment oh the platform to strike and injure the plaintiff The plaintiff sued the railroad, claiming that her injury resulted from the negligence of the employee. 3. PROCEDURAL HISTORY: The trial court fourid for the plaintiff. Defendants appealed, and the appellate court affirmed the judgment. The railroad then appealed to this court, 4 LEGAL ISSUE: Did the railtoad’s negligence proximately cause plaintiff's injuries? 5 _ RULING: No. The Court of Appeals of New York reversed the decision, 6. REASONING: Negligence is not a tort unless it results in the commission of a wrong. If the harm was not deliberate, it must be shown that the act could have been dangerous. Since in this case the harm to the plaintiff was not wilful on the part of defendant, it had to be shown that the act of dropping a package had the apparent possibility of danger. As there was nothing on the autside of the package which would cause the reasonable person to believe itcontained explosives, there was no negligence. It was the explosion that was the proximate cause of plaintif’s injuries, an act which could not have been foreseen. Therefore the railroad was neither negligent nor the proximate cause of plaintif's injuries. The judgment of the appellate court was reversed, (US) case beets. 2 (UK) claimant (The worl aint was also used in English law unbl the mew Chil Procedure Rules (CPR) came into foree in April 4989.) and 2 of the case nole and snswer these questions. 1 What is the name of the case? 2 Who is the defendant? : 3 Who is the claimant? 4 What is the defendant alleged to have caused? gE ks 9 Read the rest of the note and answer these questions. E ‘4 What was the lower court ruling? 2 What happened when the case was appealed? 3: The word proximate means ‘direct’ ot ‘immediate’. What did the court determine is the proximate cause of the injury? Key terms 1: Reporting procedural history :10 The procedural history section tells what happened when the case was tried in the lower courts. Other sections of a case note give information about the decision of the highest court at which the case was tried. Which sections of the | case note above contain this information? 14 Find words in the case note above to complete these definitions, You may reed to change the verb forms. - 41. The person who brings an action in a court of few is called the 2 The person against whom an action is brought in a court of law is known as. the 3 When a case is decided in favour of a certain perty, the court = .~. that party, 4 To bring a case before a higher court so that it can review the decision of a lower court is to... acase. 5 A court which hears appeals from lower courts is called an. ora... © 8 When a court states that a judgment cnativenen}-ne that judgment. ~ 7, When a court changes the judgment of @ lower court to its opposite, it Diane nine that judgment, it of @ lower court is trize, it With:a partner, discuss the phases in the procedural history of the Palsgrar v. The Long Island Railroad Company vase end agree on a simple account of what Unit 3 Tort fav ( N\ e attempts to 5. Because of this, tort is one of the most Legal problems, from eve tation or business inter harm a person's litigated areas 07 © Seeking the advice of a lawyer, taking a case to court or defending yourself in a lawsuit can be very expensive. Law clinics can provide a free alternative to corisulting a lawyer in a private firm, Reading 3: The Kent Law Clinic 18 Read the online introduetion to the Kent Lew Clinic and answer these questions. 4 Who does the legal work at the Kent Law Clinic? 2 Do clients have to pay for the advice given? 3 What kinds of practical skills can be learned at the law clinic? Se ee er Dee tee eaere Weer et oad Cea Woe come “a. A court or assembly with judicial (or quasi-judicial) functions 2 Someone who represents himself or herself without a lawyer in a court 2 Listen to the first part of the interview and answer these questions. © 4 What kind of product is at the centre of this dispute? 2 What was wrong with the product? ‘4 Why did Carmecom refuse to replace the product? 4 What options do you think Charles had after Carmecom had refuset to replace E>. the product? What would you have done in this situetion? j @) Unity Tort law (33 22 45.5 Listen to the second part of the interview and enswer 1 ‘1 What cid Charles threaten to do? 2 What did Charles do when he left the shop? 3 What did the letter that Charles received say? Language use: Asking for information 23 Read the audio transeripts for audios 3.2 and 3.3 {pages 126-127) and highlight ai! of the: ‘questions ‘that Nick and Charles ask each other. 24 Match the descriptions. of the three main ways of asking for information (@-o) with the headings (4-3). 2 Open questions 2 Negative questions 3 Closed questions tasking for a yes or 10 response) 25 Put these words in the correct order to form questions that Charles might ask Nick. 4 If / to'/ retraction, / have / 1/ sign / go / the / court? / don’t / will / to./ 1 2 How / think / long / do / last? / would / you / a / trial 3 What / winning? / chances /would / of / my / be 4 Would / anything / nave / defence? / to / pay / | / for / my 5 What / consequences / are / the / case? / lose / if / 1 / the 6 Do / computer? / me / chanoe / getting / think / you / is / a / of / there / a/new Sc : Initial le Ta conduct an effective initiai lawyer-client put a client at ease listen to what the explain things clearly find out what action the client wants to take, not take dectsions for the client tell the client what has to be done next, thas to say oooce A lawyer should not assume that he or She has all of the information needed from a first meeting, The WASP approach to planning, structuring and carrying out an interview helps ensure that nothing is teft out. WASP is an acronym for: ©26 This table gives some advice about conducting a WASP interview. Complete it “> using the points below (e-I). eae Ca ergs sea bt Use open questions |, teLencourage your: a Explain what action must be taken. b Only use closed questions to confirm your understanding of what your client has already told you. ¢ Explain that you will write to your client summarising what has been discussed within a certain number of days. d_ Use sympathetic body langliage and active listening techniques (for example, 0 on, uh-huh, I'm listening) to encourage your client to go on speaking. = @ Consider the legal and non-legal options. # Check that your client has no further matters or questions to discuss. g Avoid questions which only allow a restricted range. of answers and leading questions which expect a pafticular answer (e.g, | imagine simply replacing "your computer would no longer be acceptable?). ‘h Explain the risks involved in taking legal action. § Consider the points made in Exercises 26 and 27. How effective was Nick's, f first interview? Is there anything that he could have done differently? @ Unit Tortlaw (3! AN Read 29 Read the letter that Charles received from Carmecom and answer these questions. 1 What do you think defamatory means? 2 What must Charles do in order to avoid legat action? Dear Mr Tholthorpe ‘Our client: Seorge Hardy, Carmecom Ltd. Your defamatory action of 25 November 2008 relation to an incident that took place at We represent George Hardy of Carmecom Ltd. thelr store on 25 November 2008, Accarting to our client, you visited his store in a state of some excitement and went directly to the front of a queue of shoppers. You then demanded a refund for a laptop somputer you ttad bought eariier that dey. Mr Hardy asked if you would mind waiting your tum, You then dropped a bag containing the computer onto the cash desk and threatened to send libellous postings to a aumber of Internet mailing lists. Following this, you left the store shouting various defamatory ‘comments about our client. You remained outside the srant entrance of Carmecon and harassed Mr Hardy's potenti customers in an effort to convince them not to enigt the store. Based on what our client | has learned from some of these customers, it is our'understanding that these efforts involved the repetition of a series of slanderous stazenrents concerning bath the quality of Carmecom’s products and their business practices. ‘At this point, our client noticed that you were ¢arrying a second bag af similar size and shape to the one containing the computer you had recently bought from Carmecom. The bag was from one of our ciient’s competitors, who we have learned was selling the same iaptop for £150 less than the price you paid for it. Our client believes that he has lost a sigoificant amount of business a5 a resuit of your actions, We have advised him that he would be successful in any action against you. fn order to avoid suct action, please sign and return the enclosed retraction by 15 December | 2008. If you choose not to sign the retraction, we will be forced to commence proceedings | immediately. We look forward to hearing from you. Yours sincerely i oO. Lett | Eastwood, Lott and McCarthy Solicitors 30 Read the letter again and find any information that Charles did not give Nick during the interview. need to ask to find out: 8 Once Nick has read the letter, what questions wou! 2 exactly what happened? 2 whet action Charles now wants to take? ® 6 } Commercial law — Laas *) THE STUDY OF LAW Lead-in 1 Commercial law is the body of law that governs trade and commerce. Discuss these questions in small groups. 1 What bodies of law govern commerce in your jurisdiction? 2 How would a:contract dispute between two companies from different Jurisdictions be settled? 3 Which international bodies do you know that set guidelines for commercial transactions? Reading 1: Commercial law 2 Read the text below and decide whether these statements ere true (T) or false (F). 4. Commercial faw is a general term for a number of diverse areas of the law which regulate trade and commerce. 2 Contentious Work includes the drafting of contracts and advising clients. 3 The Uniform Commercial Cacte applies to commercial transactions in all of the member nations of the European Union, 4 The World Trade Organisation checks to see if countries follow the trade agreements they have signed. Commercial law deals with issues of both private law and publie law. It developed as @ distinct body cf jurisprudence with the beginning of large- soale trade, and many of Its rules are derived from the practices of traders... Specific law has developed ina humber of commercial fields, inciuiding” ” ageriey, banking, bankruptey; carlage of goods. commercial dispute resolution, company law, competition law, contract, debtor and creditor, sale “Of goods and Services, intellectual property, landlord. and tenant, mercantile. agenoy, mortgages, negotiable instruments, seeured hansen teak. property and'tax' ‘The work of @ commercial layer may involve any aspect of the law as it~ ‘elates toa firm's business clients, and the role of thé laviver is to facilitate business clients" commercial transactions. it (S essential fora commercial laiiver to have:not onty.a good knowledge’ of a lot ‘of substantive law, but also .a thorough understanding of both contemporary business practices and the particular business néeds of each client, A commercial lawyer may be asked to-advise a clfent on matters relating to both! non-contentious and contentious work. Non-contentious work largely involves advising clients on the drafting of contracts, whereas contentious ‘work commonly involves the consequences of breach of contract. (4) Many jurisdictions have adopted civil codes that contain comprehensive statements of their commercial taw, e.g. the Uniform Commercial Code (UCC), whicli has been generally adopted snroughout the USA. Within the European European Parliament and the iegislatures of member nations are is Commercial codes, A'Substantia! amount of commercial iow is governed by international eaties bk ‘and conventions..ihe United Nations Commission on laternationa) £© Law (UNCITRAL) regulates intethatioval trade in cooperation with the World © tyade- Organisation (WTO). The WTO is responsible for negotiating and implemeriting new trade-agréements, and is in charge of policing member countries’ adharence to these agreoments, wiich aie signed by the majority bi! of the world’s trading nations and ratified by their icgislatures (for example, 1 Fields, institutions and concepts in ‘ormmercial law Look at the areas of activity in commercial law mentioned in the first paragraph of the text above and snswer these questions. Use the giossary if n essary. 1 Which field deals with the legal rights associated with products of the mind, Such as patents, covyrights and tractemarks? 2 Which field invcives the laws and regulations governing market behaviour, Particularly agreements and practices that restrict free enterprise? 3 Which institution deals with the supply of credit information about business organisations to other businesses and financial institutions? 4 Which field is concemed with the legal relationships between the shipper (or owner) of goods, the carrier, and the recelver/cansignee of goods? 25 Which field focuses on the Jaws regulating money paid to the government in + connection with commercial transactions? 4. ‘Agency’ is the term for the relationship of a person who acts in addition to / on behalf of / on account of another person. :nown as the principal. won, and all fates the their property is surrendered to a courtappointed person wno lig property to pay the claims of creditors / owners / debtors. A secured transaction is a ioan or credit translation / transaction / termination in which the lender / loaner / debtor acquires a security interest in certain property owned by the borrower and has the right to repossess the property if the borrower cannot pay. L4 Negotiable instruments are documents which represent a right of charge / payment / credit for a specified sum of money on demand or at a defined time, Qo @ Unit 6 Commercial law (* @ For each of these sentences, decide which adverbs don't fit, ‘1 My work often / carefully / regularly invoives iitigating charter party disputes. f aithough | occasionally / sometimes / remarkably handit collision cases as ee well 2 Maritime salvage claims can be closely / extremely / incredibly challenging due to the complicated legal situation. 3 The remarkably / quickly / extremely fast pace of change in the area of information technology law means that lawyers at our firm have to mainly / regularly / often attend seminars about the effects of new legislation, 4 Researching technical innovations carefully / extensively / extremely is a(n) very / extremely / regularly interesting step in the process of writing a patent draft. i Listening 1, Michael Grant described his internship with a maritime law firm. Its gommon for law-school students to work in the summer months as an intern in a law fim, government department, non-profit group or organisation. An internship can be paid ‘unpaid. Some intemships lead co caurse credits which count towards a law degree. Discuss these questions with a partner. “1. Have you done an internship? If so, describe the organisation and your duties there, 2 What do you think makes an intemship a valuable experience? What can be gained from it? 3 What would your ideal internship be? xt analysis: Letter of application for an ‘ernship ‘Students often write a letter of application to apply for an internship in response to a cific advertisement. However, itis also common for a student to write what is known prospecting letter, or letter of interest, in which the sender asks if there are any \ings for interns at the company or institution. Quickly read the letter on page 64 written by a student. Is it a prospecting tter oF a letter of application replying to a specific advertisement? Read the letter again and answer these questions. What Kind of organisation is she applying to? Whiah areas of the law is she interested in? What legal work experience has she had? Which documents are enclosed in the letter? Indertine the adverbs used in the letter. Why do you think the writer uses so iny adverbs? What effect does it nave? a) Julia Schwende " Marktgasse 17 1210 Vienna Austria 2 + November 2008 *Robson, Mumsen and Meech LLP 8 Hawthom Road Saffron Walden Essex B11 3KL 4 Dear Sir or Madam Summer internship in commercial law 5 | am a student of law at the University of Vienna. Austria. ©] am now in my second year and | expect to complete my degree in June 2010, 7{ arn interested in applying for the summer internship in commercial law which is advertised on your weidsite. ®\n my studies, ! have completed all of the required courses successfully to date. 1am particularly interested in commercial law, and have teken elective courses in debtor-creditor jaw and negotiabie instruments. ° Furthermore, | have frequently attended quest lectures and discussions at my university on topics related to commercial law. 19} have also already gained work experience at a law firm, as | carried out an internship last summer at a small law firm specialising in tax law in my hometown of Dornbirn. *! Thers my duties included researching new lagisiation and helping the partners prepare cases for trial. ‘? Full datails of my studies and work experience are included on the enclosed résumé, ‘3 The internship you are offering is especially attractive to me, as | would like to get to know what it is like to work at a large commercial law firm with many international Glients and to have the experience of working abroad in an English-speaking country. “41 am extremely motivated and a hard worker and ! sincerely believe that | would make the best of such an opportunity. '8) can confidently say that | have a particularly good knowledge of English, as | have spent several summer vacations with my family in the USA and | have taken two courses in Legai Engiish at my university. 19! am enciesing writing samples in English ‘8s you request in your advert; the letters were written as part of my Legal English courses. 17 Should you require further information, please do contact me. 1° look debe to hearing from you. Yours faithfully Julia Zehwende 13 Match the sections and ideas which should be included in a letter of application for an internship (a-m) with the corresponding sentences in the letter (4-48). Some sections/ideas are used more than once. © a Reference to how you found out about the intemship b Your address ¢ Reference to things requested in the ad (writing sample, references, ete.) and enclosed in the letter d Recipient's address @ Reasons for your interest in internship f Description of your legal work experience & Introduction, saying who you are h Date Description of your studies and coursework J A’‘call for action’ which closes the letter k Salutation I Reason for writing letter ‘m Details of any personal qualities, qualifications or si for the internship ‘that make you right Commercial Law Rae at the University Law School in 2006 and has renewed It for the § current academic year, = Powderhouse ‘Sommérulle LLP is one of the ‘world’s largest law firms, with Over 1,600:lawyers ict 18 pons ii Noxiimeinas Farope ene Aei Read the text again and answer these questions. Who can apply for the internship? = 2 How will students be chosen for the internship? 3 When and where will the internship take place? How can a student apply? riting 1: Letter of application AWrite a letter of application in response to the intemship advertisement in Exercise 14, Be sure to include all of the sections and ideas necessary. (3) Unit 6 Commercial law — { 6! °2) LAW IN PRACTICE Lead-in Internships are very often the first experience young lawyers have af the realities of globalisation in the workpiace. Many large tegal firms have offices across the globe, employing Lawyers of many nstionalities 417 Discuss these questions with a partner. 1 What do you understand by the term glabalisation? 2 What factors have contributed to the globalisation of the world's economies? 3 What are the implications of globalisation ‘or: a businesses? fh commercial lawyers? Reading 3: Role of commercial agents Most companies engaged in international trade make use of agents to ropresea them abroad. The relationship between agent and principal is commonly governed by 2 commercial agency agreement, and the European Union has sought to hermonise’ its member states’ agency laws in order to give agents g.eater protection This text is taken from the introduction to a docuinem written to inform lawyers about recent changes in the iawy concerning commercial agency agreements, 18 Read the text and decide whether these statements are true (1) or false (F). 4. Under EU law, a commercial agent is a person who sells goods and services on behalf of a principal. 2 Agents are generally paid a flat rate; that Is, a charge that is the same for everyone. 2 Principals will often abandon agency agreements once a customer base becomes established. "i services) on behalfof bis. i negodate and ane sucly transactions on behalf of and in the name of oe and commitment of managerial resources required by the establishment of albranchor Subsidiary and, by taking advantage of tie agents services ona commission basis, can 4 was interviewed about her blog. Perceiving the Grievor as largely unrepentant, the employer terminated the Griever’s emplayment, j “The employer took the position that the contents of the blog postings and the Griewr's lack of remorse and understanding as to wiy the blog had bean so offensive undermined the employment relationship ‘neparably, thereby justifying the Grievor's termination. This was especially so, in the employer's view, ina depariment that handied sensitive cases and whose well-publicized values emehasized raspact, faimess, and co-operation. The Grievor's union, in challenging the dismissal, argued that the employer had overreacted, that he Grievor's atempts at an apology had been derailed by management, and thatthe Grievor had a previously untiemished record of six years’ service. As a remedy, the union sought reinstatement with appropriate compensation. The employer replied that in a relatively small workplace, it would be very Lnfair to the Grievor's co-werkers forthe Grievor to be reinstated in her employment. ret oa Ina 2-1 decision, the Arbitration Board denied the grievance and upheld the dismissal. The Board ‘concluded that "while the Griever has a right to create personal blogs and is entitled te her opinions about the people with whom she works, publiely displaying those opinions may have consequences within an employment celationship” The Board was satisfied thatthe Grievor, in expressing contempt for her ‘managers, ridiculing her co-workers, and denigrating administrative processes, engaged in serious rmisconciuc that irreparably sevored the employment relationship, thereby justilying alscharge. Employees cannot simply invoke freedom of speech to publicly make cerogatory comments online about co-workers or management or 0 disclose confidential information obtained in the course of employment, 9.5 Discuss these questions in groups. Use the phrases for expressing an opinion, agreeing and disagreeing in this unit. 4. Do you think the dismissal was fair? 2 What, ifanything, could the employer have done in advance to avoid this situation? 3 Would using the ‘freedom of speech’ defence have worked in your Jurisdiction? ‘Shouldn't the right to express oneself be considered more important than a few hurt feelings? What, if anything, makes it different in this case? le use B: Participle clauses with —ing A participle or adverbial clause is an expression which does not constitute a complete sentence as it does not have a main verb. The article in Exercise 9 contains several sentences with participle clauses with -ing. Participle clauses often express condition, reason, cause, result or time more economically than an independent clause (which contains a subject and a predicate and can stand alone) or a full adverbial clause (which also contains a subject and predicate, and modifies a verb), Look at these examples. © Participle clause Perceiving the Grievor as largely unrepentant, the employer terminated the Grievor’s employment. ys rman out the subject @> Unit 8 Empioyment i © Two independent clauses The empioyer percelved the Grievor as largely unrepentant and ic terminated the Grievor's employment. Adverbial clause Because it perceived the Grievor 9s largely unrepentant, the terminated the Grievor’s empiovment. ° nployer The first example expresses the same idea as the other two sentences, yet in fewer words. Note that the subject of the participle clause and the main clause are the same, Since the use of participle clauses is more common in writing than in speech, it can be said to be more characteristic of format style Participie clauses with -ing can also be used after various conjunctions and prepositions, Look at these examples from the text. 1. undermined the employment relationship irrenarably, thereby justifying the Grlevor's termination. The Grievor's union, in challenging the dismissal, argued that th overreacted 2 einployer had 29.4. Find wo further exampl Exercise 9. What is the position of the participle clause in these of partieipie clauses using in anid thereby In the (ext in examples? 10.2 Rewrite these sentences using 2 particiie clause with -ing. in some cases. a prevosition of conjunction can be used in the participle clause, More than one correct answer is possible, 4 Secause she showed 2 lack of remorse about the content of her blog, the employee was deemed to have irreparably undermined the employment relationship, 2 The Grievor's union argued on behatt of the employee and it had had a clean record for six years. 3 When she invoked freedom of speech in defence of her actions, the employee argued that she had the right to exoress her opinions about her colleagues. 4 The Arbitration Board denied the grievance and it upheld the termination of oisted aut that she employment, The article on the next page presents an alternative means of dealing with employment rights disputes. It appeared on a website offering news and analysis on European industrial relations. 414.1. The article 1s divided into three sections. Read the three headings, Which of the three sections do you think primarily contains opinions and attitudes? 11.2 Look at the first section of the article. Underline the explanation of how ‘employment tribunals work, as well as the four adjectives describing the new arbitration scheme. 41.3 Read the whole article. Whose opinions of the arbitration procedure are reportad? Why does the writer describe the introduction of the new scheme as ‘ironic’? CD Determining untair dismissal cases by arbitration Since 21 May 2001, a voluntary arbiraion procedure in unfair dismissal eases has buen avalable a employers and ‘employees in England! and Wales as an alternative to tho tadional way of resolving such cases via araployment rivunals. Compared wit a public hearing in frat of a three member employment tabunal, with a legally qualied chairperson, involving the cross-exemination of wilnesses and, jo the vast majorly of cases, he ievolvemen of fegal representatives, the new arbitration scheme, administered by the Advisory. Conciliation and Arbitration Service (ACAS), is intended to be ‘spoedy. informal, content! fand] noregaistc: ‘Key features of the scheme “There aro signtcant ferences belween the new artitration scheme and the conventional employment-ribunal process. “The kay features of the ACAS arbitration scheme are as lolows: = The scheme is entirely voluntary and is available only in respect of unfair dismissal claims. Itcan be used only where both parties agroe to it and walve certain rights they would have at an employment tribunal ‘+ Hearings wil be nel in private in such places as an ACAS affice or a hotel and wil normally be completed within halla ‘day. Written statements of thei case may be submited by the partis in advance. + The caso wil be heard by an experienced arbitrator, chosen by ACAS, nat the patios themselves, Legal representatives ‘may bo used by the parties. *+ There is no sot format for the hearing. Arbitrators have a general duty to aet fairly and impartaly between the parties, giving esch party a reasonable opportunity to plesdhis or her case and respond to that of the elher party. The process is Intended tobe ‘ingusiora or investigative, rather than adversarial asin tribunal hoerings —no ctoss-examinaton wil take place + Each party covers thelr own costs in attending the heaving. However, if gismiscal is found to be unfair, the arbitrator can include in he calculation of any compensation a wm ia cover the costs Incued by the employee in attending the hearing, + Arbitrators are required to apply EC law anc the Human Rights Acts 1988 (on which a logal adviser may, be appointed to provide cuidance), bl otherwise, instead of applying srt legal ists and case law, the arbtsto’s decision will have egar to ‘general principles of faimess and good conduct in ernployment relation + As wih unlair dismiscal cases determined by an employment trbunal, reinstatement, r-engagement and compensation are the avaiabia romodies if the dismissal is not upheld, Unlike tribunal cases, however, the eward is confidential to ACAS land the partas, and! the arbitrators decision wil be final and binding, > There is ony very limited scope for appeating or chalenging the arbitrators award ‘Commentary {remains tobe seen what impact the new arrangements will have. Lawyers and other commentators. Uncertain about tho merits and tialy atracveness ofthe new scheme. Some have expressed concern that, because the criteria for arbitrators’ decisions (general principles of fairmess ard good conduct in employmst relations) cif from the statutory tests applied by tne tibunals, atwo-ter'ystem of justice may develop thas also been suggested that the arbitration ‘scheme offs employers and employees less certainty of cutcome, and ina the confidentialty of awards may mask variable standards within he arbitration scheme. ‘Some lawyers think thatthe confidentiality of proceedings under the arbitration scheme may be a significant attraction to ‘employers who want 1 avoid the damaging publicity sometimes associated with tribunal cases. Conversely, however, some lawyers predic that the fact that the process Is private ray make arbitration Jess attracve to dismissed employees. According to this view, arbitration lacks the ‘embarcassiment value’ of oublic tribunal heavings which may lead to favourable ‘outoF-court settlements for dismissed employees. The limited grounds for appealing against an arrator's decision are ‘considered a disadvantage for employes. “The irony ofthe new afbiration scheme is that employment tribunals were thomeives intended as an ‘easly accessible, Informal. speedy and inexpensive’ altemative to the ordirary courts for dealing with individual employment disputes when the UK's unfair dismissals legislation was first introduced in he mid-19608. 11.4 Read the article again and decide whether these statements are true or false, 4 Arbitration is intended to be faster and less formal than the traditional process of resolving employment disputes. In the arbitration scheme, parties will not be questioned by the other party's representative. In reaching a decision, an arbitrator is obliged to apply case law and legal tests. Somie lawyers fear that arbitration will cad to double standards in the resolution of employment disputes. The confidentiality of arbitration appeals to those who have been dismissed from work, as it causes less embarrassment. Employers regard the fact that it is difficuit to appeal a decision made by an arbitrator to be a considerable advantage of the arbitration system. 2 Units Emporia an7) ALS Match t from the artic with their synonyms (ae), + voluntary a huge 2 key fb traditional 3 vast ¢ private 4 confident d importart 5 conventional @ optional 44.6 Natoh these verbs (4-6) with their definitions fa). The verbs are in itslios in the article. 2 to waive to formally reques: that a decision of an inferior body 2 wohear be reviewed by a suparior one 3 toplead b to argue @ case in court 4 to apply © to give something up 5 to appeal to make use of something (when deciding a case) 6 to challenge @ to question something f to listen to a case at a relatively forma! proceeding, 4141.7 Match the verbs (1-6) with the nouns in the box that they collecate with jo the article. Some of the nouns go with more than one verb. an award acase alaw rights 1. to hear 4 to apply 2 to waive 5 to appeal 3 to plead 6 to challenge an you add any more? 1.41.8 How does the arbitration procedure described in the text compare with the arbitration system used for handing employment disputes in your jurisdiction? Or Fel A lawyer has received a request from a client who employs a large number of people and has to deal with employment rights disputes on a regular basis. The client has asked for general information about the arbitration process described in Reading D in a short, easy-to- understand memo. He wants te know how it compares with employment triburals, and what the advantages and disadvantages ate of arbitation from the point of view of an employer. 412.4. Read the email on the next page written in response to the above request. Some of the information it contains is incorrect. Find three factual mistakes and correct them. When comparing complex ideas in a clear and simple way, itis advisable to decide on an overall organising principle. Generally speaking, two approaches to organising ideas are available to the writer: A Listing and explaining the advantages and disadvantages of one system and then the other; B Choosing key points ~ such as confidentiality ~ and discussing each system in respect of these criteria 6O 12.2 Answer these ques Baca abo Ah emg Oa — LM en yebox 2) pce fone Brats - rash Ousbox Dear Mr Mason Feteor In your emai of @ Apri you asked for information concarsing the new arbitration procedure. You specifically quested an assessiment of he advantages and sisadvantages o! arbitration from the point of view of an employer. The fllawing summary presents a selection of key features of both the new arbitration scheme and the existing employment tbunal process. + Speed: Unike hearings held before an employment tribunal, the new prosedure can be completed taster, usually in one week. This is clearly advantageous fr an employer, 2s it would save a great deal of time and money. ‘Confidentiality: in contrast o the public hearings beld by employment ibunals, the new | arbitration process is canducted in a private setting, such as a hotel, and is completely confidential, This prevents an employer from getting tne unwanted bad pubiicty that ‘often accompanies pubic proceedings. A further advantage of confidentiality trom the Point of view of an employer is the fac that high out-of-court settiemenis for employees (hier re typically reached in order to avoid the embarrassment of puoie proceedings) fare thus much less likely ‘Appeals: Bot the decisions of an employment tribunal and those reached in arbitration ‘can be appeaied. Naturally, this can be regarded as a significant advantaga for a0 eampioyer. ‘On balance, | would say trate new arbitration scheme is attractive from the point of view of an employer, and | recommend that you consider making use ofthis new ‘process to deal with al kinds of employment dispute. Please do not hesitate 1o contact if you would lke further information. | nave altached ‘an article ebout this top.cto this ema which may be ot interest to you. ‘yours sincerely Elisabeth Stephens ns. 1 Which method of organising a comparison described on page 118s used in the ennail you have just read? 2 Which sentence in the email announces the organising principle to the reader at the beginning of the text? 3 Underline the phrases in the email which are used to compare and contrast. 4 Which phrases are used to point out advantages? 12.3 Rewrite the email above using method A to organise the information. Correct the fectual mistakes ang make use of some of these phrases for comparing and indicating advantages/disadvantages. X has a number of advantages, such as... However, it also has some disadvantages/drawbacks X differs from / Is different from ¥ with regard to / in respect of .. The first system / The former has the advantage/disadvantage of being... while the second system / the latter has the benefit/drawback of being. To improve your web-based research skills, visit wav.cambridge.crg/elt/ite2, click on Research ‘Tasks and choose Task 8. iit Emolosmenttaw 7) anguage focus 2. Vocabulary: distinguisting meaning Which word in each group is the Odi on You may nea to consuit2 dictionary to distinguish the differences in meaning out? A-GiScriminatiog) dismissal redundancy layorf 2 redike™—oiilaw prohibit forbid 3 solely exclusively primarily only 4 confidential certain private secret essential key conventionat Important 6 speedy fast vast swift 2 Adjective formation Add the prefixes in-, non- or un- to each of these words to form its opposite. The words marked with * have more than one possible form. 2 attractive wwuittinetie certain confidential conventional* discriminatory fir tavdul necessary reasonable specific 4. voluntary 3 Word choice These sentences are part of the UK Employment Rights Act 1996. In each case, choose the correct word or phrase to complete them Seer roasen A. An employee who waives Zintends submits to return to work eariier than ‘of her maternity leave period shail yjve to her employer net less than seven days’ information / provision / notice of the date on which she intends to return 2 If an employee attempts to return to work earlier than the end of her maternity leave period without complying with / referring to / relving on subsection 4, ner employer shell be entitled to / subject to / requested to postpone her return to a date suci as will secure, subject to subsection 3, that he has seven days’ notice of her return. 3 An emplovor is not entited to / under / in subsection 2 to oostpone an employee's return to work to a dete after the end of her maternity leave period, 4 Writing: formal style Rewrite this email in a style more suitable for correspondence with a client. Make use of the formal expressions in Exercise 4.3 on page 111. SLSR NER amram sees, juntas Mtns weeien, bse ‘San fom aes ses sent shen Seo Dear Mr and Mis Howard [As mentioned on the phone this morning, fm sending you tie summary of current workplace safely reguiations you asked for. Here's our ims brochure on legal issues | connected wih drug testing, to. Tell me # anything is unclear orf you want to Best wishes Irina Brower 5 Use uf prepositions Compiete the sentences below using the prepositions in the box. “The sentences ere taken from the texts in this unit. geist against for from in in of to to to to under via ee 41 Its unlawful for a person to discriminate ageavet... another based on sex oF marital status in the hiring process and in respect of the terms and conditions of employment. 2 After the employee is hited, protection is generally provided Rights Act 1996, 3 A voluntary arbitration procedure in unfair dismissal cases is available employers and employees as an alternative ......n. the traditional way of resolving .. the Employment such cases employment tribunals. 4 Solicitors are not IMMUNE ..... employmentiaw cases being brought... them. 5 The employees successfully claimed that they were victims... S€X discrimination and that the discriminatory culture pervading the firm prevented WOMEN vnene BBOOMINg Senior partners. The tribunal has the power to render decisions and issue orders ......... respect of the parties’ rights «..in.: relation to complaints. 7 If the tribunal decides that the law has been broken, it can award compensation financial loss, as Well aS for Injury smn. faelings oF health which has been suffered as a result of the discriminatory treatment. 6 Verbs Complete the text below, in which a layer explains to a client what an employment tribunal is, using the verbs in the box. awarded decide dismissed file goes heard includes incurred issue pay resembles “If you think you have been unfairly 4) ¢isisiase... from your job, you can 2) Claim for your cage t0 Be 8) wn... by an employment tribunal. A tribunal 4) . court, although it is more informal. It hears different types of complaint from ‘employees. if your complaint 8) toa hearing, it will be heard by a panel of ‘three people, which typically 6) ........ the chair, who is a qualified legal practitioner, and two non-legally qualified members, who may have experience as employers or union representatives, for example. The tribunal will 7) whether your dismissal ‘was unfair or not. If your case is successful the tribunal will also decide whether ‘compensation should BE 8) wnnnme aNd if $0, how much. The tribunal may Dy cost order, requiring the claimant or the respondent (employer) to 10) .. the costs 44) by the other party. © Unit 8 Employmentiaw 421) VY 208) The following text gives a brief overview of competition law and the terminology connected with it. This area of law has grown increasingly comptes as markets have become more « and inisenational mergers znd takeovers more common, Read the text below and match the words in the box with thelr definitions (1-4). | cartel merger monopoly oligopoly 1. a market situation in which a small number of firms compete with eacti ather 2 an organisation or group that has complete control of an ares of business so that others have no share 3 a group of simitar independent companies who agree to join together to control prices and limit competion 4 the joining togetner of two er more companies na concer aa wth he equines ates wnchare) anti-competitive. This area of te law is very complex, 2s it combines economics and law. The legal English used is also complex and is made even more so by the differences in the language and aw employed by the two major actors in competition regulation, the European Union and the United States. EC competition law is rooted in the creation of the single European market and, as such, prohibiting private undertakings? from partitioning the Community market slong national lines is a || fuadamental goal, The origins of competition aw in the United States, on the other || hand, can be found in the term ‘antitrust’. In the jate 19th century, enormous amounts of wealth were amassed in some important national industries such as railways, stee! and coal. The ‘barons’ who controlled these industries artfully created trusts to shield their fortunes and business empires. Those who fought against these practices came to be called trustbusters. Their efforts culminated in the Sherman | Act, which was enacted to put an end te these practices. The overall purposes of | competition law are often the subject of debate and differ from jurisdiction to Jurisdiction. However, on the whole, itis accepted that competitive markets enhance economic efficiency because they maximise consumer benefit and optimise the allocation of resources, which Is good for market economies. Competition ‘aw regulates cartels, monopolies, oligopolies and mergers. A cartel is a type of | agreement among undertakings which would norinally compete with each other 10 reduce their output to agreed levels or sell at an agreed price. One of the key ingredients in sustaining a cartel is @ defined relevant market with high barriers to entry so that new undertakings cannot penetrate the market. The classic tool used by the cartel to gain monopoly profits is price fixing. In broad terms, # monopoly is an undertaking or inter related group of undertakings which either control the supply 1S) ante 2 US) An Aoi antas ayer woul oes sch tehour a6 res of tad’ com a the govern 25 the Sherman At 2 hfe arm nod Ales 88 of the EC Tas nthe US. any raumber of tem cou Be URE Hee. nus Relevant legal documents Text 1: UCS Regulation on Insolvency, Sec Section 5 International jurisdiction 1 The cours of the Cooperating State within the territory of which the ventre of a debtor's main interests is situated shall have jurisdiction to open insolvency proceedings. Inthe case of a company or lesal person. the place of the reyistred office shall be presumed co be the centre of ils main interests inthe absence of proof to the contrary. 2 Where'the contre of a debtor's mai interests is situated within the territory of a Cooperating State, the ‘courts of nother Cooperating State shall have jurisdiction to open insolvency proceedings against that debtor only if he possesses an esuiblishnient within the territory of that other Cooperating Stee. The effects of those proceedings shall be restricted to the asets ofthe debtor situated in the territory of the fatter Cooperating State 3 Where insolvency proceedings have been opened under paragraph |. any proceedings opened subsequently ‘under paragraph 2 shall be secondiry proceedings. These latter proceedings must be winding-up proceedings. Text 2: UCS Regulation on Insolvency, Section 18 + Section 18 Principle I Any judgment opening insolvency proceedings handed down by a court of @ Cooperating State whieh has {jurisdiction pursuant to Seetion 5 shall be recognised in all the other Cooperating States from the time that itbecomes efoctive in the State of the opening of provesdings. ‘This nile shall also apply where, on account of his capacity, insolvency proceedings cannot be brought against the debtor in other Cooperating Stats. 2 Reciognition of the procceings refered to in Section 5) shall not prelude the opening ofthe ‘roseedings refered to in Section 5) by a cout in another Cooperating State. The later proceedings Shall be secondny insolvency proceedings in accordance with the provisions ofthis Regulation, Text 3: excerpts from a leading decision regarding the application of Sections 5 and 18 Anvonbity’s centre of main interest must be Section S's presumption can be rebutted. identified by reference to criteria that are both __by factors whioh are both objective and. objective and aavertainstle by third parties, ascertainable by third parties and whieh enable ‘That objectivity and that posstbility of it to be established that an actual situation ascertainment by third parties are necessary in exists which is different from that which ‘ndar to ensure legal certainty and locating it at that registered office is deemed to foreseeability concerning the determination of reflect, ‘the court with jurisdiction to open main ‘solvency proceedings. c Unit nd therefore the price) of a product or service or exclude: competition for that product or service. An cligopoly is a market with only a small number of market actors. | who are able to adopt parallel behaviour in relation to price-setting or output | decisions, Common aspects of enactments aimed at preventing anti-competitive | activities inciude restrictions on abuse of a dominant position: through such instruments es predatory pricing and tie-in arrangements, among others. The United States even prohibits behaviour which attempts to gain a monopoly position. Merger regulation is another common aspect of legislation aimed at limiting enti- competitive concentration of market power. In this context, itis also important to discuss the terms horizontal and vertical. ‘Horizontal’ denotes the joining of undertakings which are at the same level in the economic supply chain; ‘vertical denotes the joining of undertakings at different levels in the economic supply chain, (US) abuse of monopoly Bower & Key terms: Anti-competitive activity Match these terms (4.-4} with the examples of anti-competitive activity they describe (2-d). 1 barriers to entry ‘a A manufacturer of computer components requires that 2 price fixing ‘consumers purchase other equipment made by the firm 3 predatory pricing in order to keep the warranty valid. 4 tic-in arrangement 'b The major petroleum corporations in a country all agree to raise the prices of petrol and petroleum products. © A company interested in entering the telecommunications market in a particular country has to deal with restrictive government licensing practices and complex bureaucratic procedures which inappropriately favour domestic, suppliers before it can offer its services. Anew Internet provider enters the market, and the main provider in the region temporarily lowers the cost of its services dramatically M Reading B: Anti-competitive activities and antitrust measures The large number of competition-law cases heard before the courts and other bodies which deal with anti-competitive activities represents a challenge for lawyers who need up-to-date information about measures taken, The text on page 210 is an excerpt from a list of case summaries published regularly by the Institute of Competition Law, an institute which maintains a database on national competition case laws and antitrust measures taken in 30 counties in Europe. 3.4 Quickly look at the list on the next page and answer these questions. 4. Who do you think would be interested in reading such information? 2 Why do you think te lst appears in th 3 What does NCA stand for? 3.2 A lawyer writing a report comparing recent measures taken against anticompetitive activities in the waste- management sector with other sectors in Europe is looking for information, Wil the ist of case summaries be of use to him? 3 Units, Com 25) ‘The Bulgarian Competition Authority held that a network of vertical exclusivity agreements covering {86% of the relevant market has anti-competitive sffecis (Mogalan — Universities). Tho Bulgarian Supreme Administrative Court handed down an NCA decision fining that @ nolder ol tha tracte mark“Der Grane Punk! abused its dominant pcsition on the collective waste-managemient market (Eoopack Bulgaria). * The Czech Competition Oifice fined a mineral-water-producing company for export bans, but substantially lowared the Sine, taking into consideration co-operation and commitments (Kavlovarské rninerdini vody}. ‘The lrish High Court found that four Dublin local authorities acted in breach of lish competition law in proposing charges to how the domostc-waste sector s regulated (Nurendale Limited ~ Panda Waste = Services), + The German Federal Cartel Office cleared a merger in the market for waste-cisposal services subject to remedies including the divestiture of an asseUshare package (Suio/Cleanaway). + The German Federal Cariel Office prohibited a waste-g!ass joint-purchasing cartsi between container glass manufacturers (GGA), + The Macedonian Administrative Court uphold the NCA's decision estabishing abusive charges on the electricity distribution market (Elektrostopanstvo). + The Macedonian Administrative Court upheld the NCA's decisions establishing abusive charges on the mobile telecommunizations market (FMobile). + The Macedorion Competition Authority ‘ound! anti-competitive practices on the market for racio advertising (Res Metropolis Radio). + The Polish Competition Authority Imposed the biggest fine in its history on members of a cement cartel (Latarge Cement et al) The Polish President of the Otfice for Competition and Consumer Protection fined an operator and ten cistributors for vertical price calusion with respect to trailer accessories (Knott). + The Portuguese Competiion Authority handed out fines totalling €14.7 milion to five undertakings implicated in the Canteen Cartel and used the leniency regime forthe first time (Eurest, Trivalor. Uniselt, IOANordigal, Sodexo Portugal). + The Romanian Competition Authority imsosed an 8% fine on an association of undertakings for prico fixing and refe-red forthe first tims to crimynal investigation bodies (Association of the Depositonies of Cereals). + The Turkish NCA imposed a fine of €17.3 million on the incumbent telecommunications operstor for its abusive practices in GSM and mobile marketing services market (Turkce) 3.3 Skim through the list quickly and answer these questions. 4. In-which country was a network of vertical exclusivity agreements found to have anti-competitive effects? 2 How much did the National Competition Authority fine a telecommunications operator in Turkey? 3 Inwhich sector did the German Federal Cartel Office clear 2 merger? 4 How many distributors were fined in Poland for vertical price collusion? 5 Why were five undertakings fined in Portugal? 3.4 The lawyer writing te report mentioned in Exercise 3.2 has decided to reorganise the information in the list of case summaries on the basis of industry rather than Country. lise the information from the list above to complete the gaps in the table on the next page. ‘education Bulgaria | decided anti-competitive activity | 4. Bulgarian Supreme waste Gulgaria handed down | abuse of dominant | management NCA decision _| position Administrative Court | ireland decided | abuse of dominant | irish High Court | position and anti | competitive effects Germany = Bee 5 German Federal Cartel Offs Germany decided formation of cartel ‘German Federal Cartel Office food ~~ | Czech Republic | fined export bans: Czech Competition Office Portugal ‘| fined 3 Portuguese Competition Authority Romania price fixing Romanion Competition Authority electricity Macedonia | upheld NGA | abuse of dominant | Macedonian Administrative 2 _| decision position Court - Bc Macedonia | upheld NCA | abuse of dominant ‘Macedonian Administrative | | decision position Court Turkey Tinea 6 ‘Turkish Competition Authority advertising Macedonia decided ‘anti-competitive ‘Macedonian Competition activities Authority construction | Poland fined Tormation of cartel 7 automotive [Poland ‘| ined 8 Office for Competition and i ‘Consumer Protection _ 8.5 Match these verbs (1-5) with the nouns (a~e) they collocate with in the list of case summaries on page 210. 4 abuse a acartel 2 clear b prices 3 collude on ¢ afine 4 prohibit one’s position 5 impose e a merger oA 9 ng passive construction 4.4. A client has asked you to inform him of recent anti-competitive ectivities in the waste: management sector in Europe and the measures taken against the offending ‘companies. Look at the relevant cases in the table above. in what way do the Violations committed and the measures taken differ? 4.2 Using the information in the table, write a short email to your client in which you compare the anti-compettive activities in the waste mangement cases. Where appropriate, use passive constructions to focus on the receiver of the action and the action taken. exanees: A telcccmmumications company in Torkeg wie Fined for alousing their dominant yosition om the mote mawketng services market “the wacedonian NON's Action estaishing aleusive chwges an. the edhetvichy dstvioution rail were uel by the Adbinishaaive Court ‘Wits Competition taw a) 4 Working with 2 partner, conduct two lawyer-client inter ng the role of the lawye: in one and of the client in the other. Whea you play the lawyer © Read the information about an area of anti-competitive activity © Conduct an interview with the client, asking questions to ieam more about the situation. © Think about how the informa ‘ave read applies to the situation he/she describes loform your client of the risks and war him/her of the possible conseque © Make recommendations for his/her future behaviour. When you play the client © Answer your lawyer's questions, supplying one piece of information at a time. Allow ‘your fawyer to ask you questions; don’ tell him/her everything at once. Be creative and invent answers to questions when necessary. (© Respond to the questions and the information and advice you are given as you think @ business person would in the given situation. Student A: Look at the notes on page 201. Student B: Look at the notes on page 302. Following a conversation with @ cent, a tawyer will citer virite a t particutar course of action, The ‘etter on page 214 was sent by a Lawyer who works in a larae | clients, the managing director of a constrection compeny. 1X0 suggest a Fim to one of his, 7.1 Read the letter and answer these questions. 4 What is the client's problem? 2 What solution does the lawyer provese? 7.2 Match these functions (a-f) with the paragraphs of the letter (1-6) which serve these functions. a Benefits of the solution Reason for writing b Closing € Implementation of the solution © Proposed solution f Description of the problem The letter was written to Suggest @ passible solution to the client's problem. so in some instances, the writer informs the reader what would happen if a particular course of action were taken or if certain conditions were applied. In these cases, a word or phrase expressing the meaning of ifand a phrase with would are used to indicate the possible outcomes. However, the writer also employs verb constructions with would to express desire or inclination, to state an’ opinion, oF to make a request politely. 7.3 Read the letter and identify all the uses of would in tier and determine their meaning. Dear Mr Richardson July 30, 2012 + As a follow-up to our telephone conversation last week n wich we dcussed some olthe tendering cifcuties your construction company has been having recent, | would lke to make ‘ew recommendations, 2 You described in detal the suciien and marked drop in the number of contracts awarded to your ‘company in the last 12 months, particulary in the commercial property sector, which bas traditionally been one of the principal areas of activity of your firm. You also told me about several ‘event calls for tander in which your company participated; your vary competitively priced bids wore all rejected, and the contracts in every case were awarded to two of your competitors, 3 After consulting with my colleague David Fisher of our Antitrust and Competition Department. | hhave come tothe canclusion that it would be wise to look inta the possibilty that anti-competitive agreements have been concluded by your compeiitors. As you are Suraly aware, behaviour of his kind is not unusual in @ market stuation such 2s the present one. It could certainly account forthe dramatic decrease in business you have been experiencing 4 In the event that your competitors are found to have tween engaging in activites of this kind, the ‘benefits for your own company would be considerable. These Denefis would range from a likely increase in market share to more Intangible, but nonetheless valuable, benefits such as a reputation for honest dealings. '5 Should you be interested in pursuing this course of action, David Fisher would be hapy to assist you. Mr Fisher has a great deal of experience in investigating cases ofthis kind, At your request he could begin an onquiry into the matter, which, in its early stages, would involve information- ‘gathering in the broadest sense (including an analysis of relevant tendering processes). Such an enquiry could take a substantiat amount of time to conduct. Should this enquiry uncover Information confirming our suspicions, then our firm is well prepared to assist you. 6 Please let me or David Fisher know if you would be inlerasted in having us undertake such an ‘enquiry on your behait, orf you riawe any other questions about the matter. {ook forward to hearing from you. ‘Yours sincerely Martin Stockwell ing. B: A proposal; Using the letter above as a model, write # proposal in the form of a letter to a client who is ‘the managing director of a large company in the service sector. Your client's industry has seen cases of cartel formation and price fixing in the past. In order to protect your client against the risks of anti-competitive activities, you recommend that he set up guidelines for his employees to helo prevent anti-competitive behaviour. n your letter, you should: © state the reason for writing: © outline the problem and war your client of the risks of anti-competitive activities; (© make your recommendation as a solution to this problem: © point out the benofite to hig firm; © briefly discuss how such guidelines can be developed and implemented with your assistance; (© use ould where appropriate to inform your client what would result from a part ‘course of actior © offer to provide further help, if necessary. 29 ie \ Language focus 4. Vocabulary: cistinguishing meaning Which word in each group is the odd one out? You may need to consult a dictionary to distinguish tne differences in me 1 undertaking enterprise artel) firm 2 dimension threshold level Hit 3 practices offences activities behaviour 4 secret agreement oligopoly collusion conspiracy 8 tomisuse to breach toabuse to.use Improperly 2 Word formation Complete this table by fling inthe correct Word forms. Undertine the stressed syllable n each word with more than one sylable, 3 Vocabulary: collocations 4. Complete the phrases below-using the nouns in the box. | 002s. bids cartel complaint fines pettion positon practices proceedings 1 to initiate Rrecedings. against a company 2 to suspect a company of abusive pricing . 3 to abuse its dominant 4 to collude on 5 to patticipate in an tiegal 6 toile a fi 7 to imit 8 to impose 9 to lodge a... 10a market on a company against a company & Vocabulary: collocations 2 Compiate each of the collocations in these sen using a word or a form of @ word from the phrases in Exercise 3. 4. The Competition Authority fined 20 construction companies over €30 million eatticipeting. in an illegal cartel, 2 The Competition Authority is investigating tow-truck service providers who are suspected of ........ pricing practices in breach of Article 81 of the EC Treaty. 3 Aconsortium of isenks was fined for infringement of the Competition Act by means of horizontal agreemerts between the banks and abuse of a position. 4 Record fines ware ......... against drug companies for colluding to fix the price of vitamins. 5 Six roofing contractors have been found to have agreed to fix the prices of roofing services through Did sane: Diamond dealers plan to . a complaint with EU regulators against @ giant South African diamond corporation for anti-competitive practices. Vocabulary: collocations with merger Decide which of these verbs collocate with the noun a merger. allocate approve evaluate impose investigate lodge reject Vocabulary: irregular plural forms Choose the correct plural form (a or b) for these words. For some of the words, Doth options are acceptable. Consult your dictionary if necessary. . 4. addendum a addendums b

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