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Published byDaniela Melton Modified over 7 years ago
An introduction Dr. Valentina Adami - Verona, 31.05.2012
The legal professions: ◦ Solicitor (general legal adviser): “to be admitted to practice as a…”; ◦ Barrister: “to be called to the bar as a… by one of the four Inns of Court”, “pleading a case” (advocate); ◦ lawyer/attorney; ◦ judge; ◦ prosecutor Bringing and defending an action the parties: ◦ Claimant (US: plaintiff, petitioner or complainant) Brings an action: “files a claim” (US: complaint), or “issues a claim”, or “starts proceedings” ◦ Defendant Defends an action: files an acknowledgment of service (US: answer); must serve a defence within a certain time; counterclaim An alternative to litigation Settlement: parties avoid going to trial by reaching an agreement Dr. Valentina Adami - Verona, 31.05.2012
Tort = a civil wrong that results in harm to a person or property (vs. a criminal wrongdoing) The parties: ◦ claimant injured party: sues for damages or for an injunction ◦ defendant tortfeasor: is liable for the tort (vs. guilty of a crime) Examples of torts: trespass to the person (battery, assault…); trespass to property (real property or personal property); defamation (libel or slander) Negligent tort, intentional tort, strict liability tort Dr. Valentina Adami - Verona, 31.05.2012
Contract = an agreement between two or more parties that is binding in law / a legally enforceable agreement Generates rights and obligations that may be enforced in the court Phrases and expressions: formation of an enforceable contract / of a binding contract; to enter into a contract; to be a party to a contract; to comply with the contract / to do what is required under the contract; to make an offer; to accept an offer; to make a counter-offer; to negotiate a contract; to agree on the terms of a contract; Dr. Valentina Adami - Verona, 31.05.2012
Offeror (makes an offer) – Offeree (accepts an offer or makes a counter-offer) Offer = a statement of willingness to contract accoding to the terms proposed with the intent that it will become a binding contract if accepted Acceptance = unconditional assent to all the terms of the offer “Firm offer” means “unequivocal” (it does not mean that it cannot be withdrawn) “Consideration”: = the bargain. Each party gives value to the other (a one-sided promise is not a binding contract in English law) Dr. Valentina Adami - Verona, 31.05.2012
Terms = the undertakings stipulated in a contract (rights and obligations of parties) Contractual terms are classified as: ◦ conditions (fundamental terms) OR ◦ warranties (minor terms) Vitiating factors= factors that can invalidate a contract Void OR voidable Misrepresentation: makes the contract voidable “to rescind a contract”; “to terminate a contract” Dr. Valentina Adami - Verona, 31.05.2012
= when a party fails to perform his obligations under the contract, or performs the defectively Breaching party vs. non-breaching party (or injured party or innocent party) Remedies for breach of contract: Restitution (= to have what you gave returned to you); Damages (= financial compensation); Specific performance (= to force the breaching party to perform the contract); Injunction (=to prohibit the breaching party from doing something [prohibitory] or to require him to do something [mandatory]) Dr. Valentina Adami - Verona, 31.05.2012
to be in breach; to breach a contract; the contract was broken by one party; to file a lawsuit against the breaching party; to sue for damages for breach of contract; the court can award damages to the injured party; to claim damages for the losses incurred; discharge of contractual obligations (by performance, by agreement, by breach) Dr. Valentina Adami - Verona, 31.05.2012
“company”: US vs. UK vs. EU vs. rest of the world firm, corporation, limited liability company, partnership… Incorporated vs. unincorporated enterprises Registered company (US, corporation): limited/unlimited Shareholders, directors, employees, creditors, debtors… Certificate of incorporation, constitutional documents, statutory forms, memorandum of association, articles of association… Dr. Valentina Adami - Verona, 31.05.2012
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