A_1
Read the text below. Use the word given in the brackets to form new
words which are appropriate to the text
[10 marks]
_____________________________________________________
Tort, Crime and Contract
The law of Tort
and Criminal law are two clearly separate areas. Both amount to wrongdoing, the
major differences are in the purpose each area of law has and in which court
the case will be [1] ________ (hearing).
Both Criminal
law and the Law of Tort give rise to [2] ________ (liable) for the person who has done
something wrong. The key difference between the two types of liability is that
a crime is an act against society and a tort is a wrong against a particular
individual.
Therefore it is
correct to say that the main function of criminal law is to protect the interests of the public and the main function
of the law of Tort is to [3] _______ (provision) a harmed person with redress for the loss they have sustained.
Whereas any
crime is [4] ___________ (punishment) by
the state and cases are heard in the criminal courts, Tort is a civil action.
The procedures are quite [5] ________ (differ). As opposed to prison, the
purpose of Tort is to obtain damages for the loss [6] _______ (suffering) by the claimant.
The relationship
between Tort and Contract law is somewhat [7] ________ (close) than this. The
recent trend in some UK Universities has been to speak of a general “law of
obligations” where an injured party can seek a remedy from the civil courts for [8]
________ (harmful) done, either because of a breach of contract or because of a
general failure of the defendant to take proper care. It has been established
for many years that the existence of a contract between the parties does not
prevent an action in Tort.
Major
differences do still exist between actions in Contract and Tort. These are
mostly [9] ________ (connect] with
different rules on limitation periods for the commencement of a civil action,
different rules on the quantum of damages and different rules on how closely linked the
action of the defendant must be to the loss suffered by the [10] ______ (claim).
In cases where
there is both contractual and tortuous liability, the plaintiff can often opt for the most advantageous form of
action.
A_2 Match the beginning of each
sentence (1-5) with an ending (a-e). [mark 5]
1. The last two rights
clearly apply
|
a. control if the directors
fail to protect their interests?
|
2. The supervisory board is
made
|
b. up of outside experts.
|
3. Can shareholders exercise
|
c. of their shares
|
4. They can either get rid
|
d. benefits as a group.
|
5. Shareholders accrue
|
e. to shareholders.
|
A_3 Read the article and decide what is
the best answer a, b or c [14 marks]
Employment lawyers will soon experience a major boom in work after
the European Commission last month [1] a)
had been publishing b) published c)
has published plans to outlaw
discrimination in the workplace on the basis of age, religion and sexual
orientation. At present, UK
domestic legislation only [2] a) allows
for b)
allows on c)allows with claims against employers on the grounds
of race, sex and disability. The proposed directive would also [3] a)be cover b)have covered c) cover, inter alia, discrimination based on age and
religion.
Further directives are also planned. A second one would deal with
[4] a)outlaw b) outlawing c) outlawed discrimination on the
grounds of race and ethnicity more generally, while a third envisages a
"programme of action" [5] a)
provided b) providing c)
provides practical support and funding for education on race-discrimination
issues and for groups which target race discrimination.
Once passed, the directives would place a deadline on
transposition [6] a) in b) into c) on the national laws of
the member states and might allow people to bring claims against governments
and other state employers, such as local councils.
The directives would add a large number of other European measures
already enshrined in UK law, such as those covering
maximum [7] a) work b) working c) workable hours and entitlement to parental leave, which
were enacted last year, and have led to a huge growth in work for employment
practitioners. It is only since the Amsterdam Treaty was passed last summer
that European law-makers [8] a) have b)
will have c)
have had the ability to introduce
anti-discrimination legislation on any basis other than sex.
David Cockburn, the former chairman of the Law Society's
Employment Law committee, said: "the whole discrimination industry will
[9] a) take off b) take in c) take up
in the next four or five years because of so much legislation in the
pipeline", he said advising employers on how to avoid claims and increased
awareness amongst the public of their rights would give rise [10] a) to b)
in c) for more work for
solicitors. Mr Cockburn added that the scope of discrimination would also be
opened up by a broader definition of indirect discrimination in the directive
which would "remove any artificial hurdles claimants currently have to
cross".
Elizabeth Adams, chair of the Employment Lawyers Association's
international committee, said the directives would mean "more legislation
for employers [11] a) tackling b)
for to tackle c) to tackle, more claims and more work for
lawyers" as well as a " simpler route for claimants".
A_3.1 Read the whole text again and decide whether these
statements are true or false
- Elizabeth Adams thinks
that the directives will make it easier for employees to file a complaint
against an employer
- David Cockburn thinks
the discrimination industry will expand over the next few years because so
many new laws have been passed
- A directive concerning
entitlement to parental leave will soon be made into law in the UK
A_4 Grammar Choose the best
answer a, b or c [5 marks]
1) In the past ten years, the attorneys in our firm _________a
large number of landlord/tenant disputes
a) handled b) have handled c) had handled
2) The client has not yet
decided what type of company he ______ to form
a) wanted b) wants c) is wanting
3) The benefit of a contract is an enforceable right
______________ the other party.
a) under b) against c) of
4) The duties ______ by
directors to company can be classified into two groups
a) are owed b)
will be owed c) owed
5) According to the statutes, the chairperson ______ preside at
the EGM
a) must b)
must to c) might
A5 Below is a letter of a lawyer to inform Mr Martinez of the
matters she has discussed with their mutual client. The sentences have been
mixed up. Put them into the correct order. [6 marks] 1__2__3__4__......... 5__ 6
__
Dear
Mr Martinez,
A) I
also informed Mr Watson about the steps involved in the process, from the
initial drawing up of a power of attorney, to setting up a bank account and
arranging financing, through to the final signing of documents . Mr Watson now
knows what to expect.
B) I
had a meeting with Mr Watson This morning, and I would like to inform you of
the matters we discussed in connection with the sale.
C)
First of all, Mr Watson stated that he would gladly make use of your services
for the transaction, and has agreed to the flat fee of € 1,000
you have requested.
D)
Thank you very much for your email of 17 May, in which you offer to provide
your services in assisting my client, Mr Edward Watson, in purchasing a house
in the Costa del Sol region of Spain.
E)
Please do not hesitate to contact me if I can be of any assistance. Thank you
for your efforts on Mr Watson’s behalf.
F) I
have one request: could you please provide me with copies of all documents you
draw up in connection with the house purchase?
Yours
sincerely
Teresa
Blackwell.
A_6 Complete the clauses about a tenancy agreement
using the words provided below [10 marks]
a)
harmless b)
premises c)
herein d)
thereon e)
liable
f)
lessee g)
quietly h)
reasonable i)
deemed j)
rules
INSPECTION OF PREMISES. Lessor and
Lessor’ s agents shall have the right at all [1] _______ time during the
term of this Agreement to enter the [2] _________ for the purpose of inspecting
the Premises and all buildings and improvements [3] __________ and also for the
purpose of making any repairs, additions or alterations as may be [4] _________
appropriate by Lessor for the preservation of the Premises or the building.
2. IDEMNIFICATION. Lessor
shall not be [5] __________ for any
damage or injury of or to the Lessee, Lessee’ s family , guests, invitees,
agents or employees or to any person entering the Premises or the building of
which the Premises are a part or to goods or equipment, or in the structure or
equipment of the structure of which the Premises are a part, and [6] _________ hereby
agrees to indemnify, defend and hold Lessor [7] _________ from any and all
claims or assertions of every kind and nature.
3. QUIET ENJOYMENT. LESSEE,
upon payment of all of the sums referred to [8] _________ as being payable by Lessee and Lessee’s performance of all Lessee’s agreements
contained herein and Lessee’s observance of all [9] ___________ and regulations, shall and may
peacefully and [10] _____________ have, hold and enjoy said Premises for the
term hereof.
A_7 Fill in the gaps with the correct preposition
[10 marks]
- Notice of any change must be
__________ writing.
- __________ the Sale if Goods Act 1979, goods must be of
merchantable quality
- The case arose __________ a poorly
drawn up contract.
- We are bound __________ the terms
of the contract.
- The smoking ban came_________
force on July 1.
