ALE2_2023_Week 7_Listening&Speaking

I. LISTENING
Listening A: You are going to hear a short talk on breach contract. Complete the following notes
with ONE WORD for each blank.
- A breach of contract: failure to perform (1) __________ obligations
- Options for parties in case of a breach:
 (2) _________ and settle
 official channels: (3) __________, (4) __________ or litigation
- Compensatory damages: to compensate parties for their (5) __________
 (6) __________ damages: loss of expected profit from the transaction
 (7) __________ damages: flowing from breach of contract, may not be (8) __________ at the
time of contract conclusion
 (9) __________ damages: specified in the contract, cannot be a (10) __________
 (11) __________ damages: a very small or insignificant amount of damages to signify
wrongdoing
- Options for courts:
 To (12) __________ the contract as if it never existed
 To put parties into positions prior to the agreement, e.g. force one party to (13) _________
the value transferred or provide (14) _________ for services they receive
Listening B: You are going to hear a short lecture on contract remedies. Provide short answers to
the following questions.
1. What is the most popular remedy for breach of contract available and its purpose?
2. In what sort of transactions can the court request specific performance?
3. What is the remedy where a court forbids parties to do something called?
4. Where can we find the amount of liquidated damages to be paid?
5. On what basis can the amount of damages be calculated?
6. In what way are most commercial agreements structured?
7. What can Alex do if Brian does not cure his breach within a reasonable time?

II. SPEAKING
Speaking A: Sample phrases for an initial client-lawyer interview
A.1. Complete the spaces (1-5) in the table using these stages in a client interview
a. Establishing the facts and chronology of events
b. Concluding the interview
c. Getting an overview of the case
d. Identifying issues, developing and supporting a theory
e. Introduction

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1. __________

1.1 Greeting Nice to see you again, Mr. Johnson. Please have a seat. It's a
pleasure to meet you. Would you like a cup of coffee?

1.2 Explaining what will happen in I'll be asking you some questions about the situation. We'll be
the interview spending the next hour discussing the facts of your case…

1.3 Discussing circumstances Let me assure you that everything you tell me today will be
held in strict confidence…
Before we get started, maybe I should tell you about my fees…

2. __________

2.1 Identifying the nature of the Would you like to tell me why you are here today?
dispute Please describe what happened.

2.2 Summarizing the nature of the So, if I understand you correctly, you are saying that…
dispute Allow me to summarize what you've said.
As I understand the situation,…

3. __________

3.1 Asking open questions to What happened next?

gather information What did you do then?

3.2 Avoiding digressions Let's return to the course of events.

Please tell me more about what happened.

4. __________

4.1 Establishing facts to support an If they were a long-standing customer and Glaptech knew it,
argument and if we can prove all of that at trial, you might be able to
recover what are called consequential damages.
You may be able to get what I mentioned earlier,
consequential damages, which are damages that flow from
the result of the breach of contract. Did they know what your
deadline was?

4.2 Asking about details Allow me to ask more about…

Can you explain why…

5. __________

5.1 Assessing the case As I see it, we have good reason to be optimistic.
I have to warn you that proving that … will be extremely
difficult.

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Let me tell you something about the legislation in such

cases…

5.2 Describing next moves
Let me go through the file and read through the contract.
Then I'll prepare the complaint, which I should be able to file
at the end of next week.
I'm going to research these matters in detail and then I'll get
back to you.

5.3 Referring to next contact I'll call you next week and let you know how things look.

5.4 Saying goodbye It was good seeing you.

Thank you for entrusting me with this matter. Goodbye!

A.2. Match the following statements with appropriate stages (e.g, 1.1, 2.1, …)
1. You'll hear from me in a few days.
2. I think that we have a good chance of convincing the court that…
3. I need to know more about…
4. Let me repeat what I have understood so far.
5. Tell me what brings you here today and how I can help you.
Speaking B: Role-plays.
Work with a partner, take turns conducting a lawyer – client interview. Each of you will play the role
of lawyer and question the other about the facts of a case below.
As a lawyer, follow the outline of an interview in the above table and use the sample phrases provided.
As a client, respond to the questions posed by the lawyer as best as you can and invent details when
necessary. Do not give all of the information at once; give your partner practice in making questions
and gathering information.
1. CASE FILE 1:
Parties to the contract: Acme Widgets (Seller, in Germany) & Barcel (Buyer, in Czech)
Reason for consulting lawyer: Can the seller make an excuse for its nonperformance because of the
material price increase and the strike?
Facts of the case:
 Barcel contracted with Acme Widgets to supply 250 computers.
 Price stated in the contract: 500$ per computer, CIF Prague Incoterms 2010.
 During the production of the computers, the price of one component increases by 150% due
to a shortage.
 These computers are due for shipment on June 15 and arrival in Prague no later than July 1.
 On June 15, a stevedores' strike begins and lasts for 60 days.
2. CASE FILE 2:
Parties to the contract: Allied Industries (Seller, in US) & Bennet Ltd. (Buyer, in Germany)
Reason for consulting lawyer: Can the buyer avoid the contract?

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Facts of the case:

 Bennet contracted with Allied Industries to deliver 1000 barrels of oil by January 1.
 Allied was late in delivering the barrels, so Bennet wired Allied on January 2: "Anxious to
take delivery of the barrels. Hope that they arrive by February 1".
 Allied delivers the barrels on February 5, but Bennet refuses to accept the shipment and
declares that the contract is avoided because Seller failed to hand over the barrels before
February 1 date specified in the January 2 telegram.