Oferta
Offer
a proposal, the terms of which are certain
Akceptacja, przyjęcie
Acceptance
an unconditional agreement to what is proposed by the other party
Oferent
Offeror
a person who makes an offer
Precedens
Precedent
a decision of a judge in an earlier case that other judges must follow if the circumstances of the situation are the same or similar
Sprawa
Case
a set of arguments in a situation that might become legal or is already legal in nature
Kontrakt, umowa
Contract
a legal agreement made between two or more parties
Zobowiązany
Obliged
you must do something; it is necessary to do it
Bezwarunkowy
Unconditional
absolute, without any doubts or suggestions of change
Strony
Parties
the people who have entered into a contract or the people involved in dispute
Niedobrze
No good
an informal way of saying not suitable or not acceptable
Common law
one of the main sources of law in England developed
from this comes precedent
Opisany jako “odnotowany“
Described as “recorded“
Stać się wiążącym
Become binding upon
Sądy pierwszej instancji
Courts of first instance
courts at the lowest level of decision-making
Ratio decidendi
the reasoning behind the decision
the judge’s words that provides the legal reasoning for his or her decision
Obiter dictum
everything else that the judge says
Możliwy do odróżnienia od niniejszego przypadku
Distinguishable from the present case
the case is so different that the precedent does not apply in this particular situation
Źródło prawa
A source of law
a place where law comes from, for example, a civil code
Zbiór praw
A body of laws
a collection of laws; all of them together
Oświadczenie, orzeczenie
A pronouncement
an old-fashioned word meaning a judge's words at the end of a case giving his or her decision
Zasada prawa
A principle of law
an accepted idea that forms part of the law
Czynnik
A factor
something that is important to consider when making a decision
Istotny
Relevant
of significance or importance to a particular situation
In England and the USA much of the law is based on the decisions made by judges. This source of law is called …
The common law
A judge's decision that forms the law for future cases is known as a …
The important part of a judge's pronouncement when he or she gives a decision in a precedent case is not the obiter dictum but …
Once a precedent is established it forms part of the law and is … upon lower courts
Binding
The lower courts in the English system are called …
Rachunek, faktura do zapłaty
Account
when the word is used in this way it means a bill or an invoice that someone must pay
The elements of an English contract:
offer
acceptance
consideration
intention
The first of these is where one of the parties makes a proposal to the other party. The proposal is on absolutely certain terms. For example, 'I will sell you my car cleaning business on 1 January for £20,000'.
Example of an offer
In order to make the contract valid, the parties must exchange something. Each of them must give something to the other, such as money, work or goods. In the above example one party exchanges a car cleaning business in return for £20,000. Each gives something to the other. If one party promises the other a gift (in return for nothing) then in a situation like this the parties do not usually have a contract.
Example of consideration
The courts look at the relationship between the two parties. The courts decide if the parties really want to make things legally binding in this particular situation or not. If I agree to do some work for my mother or my father did I really mean to make the agreement legal?
Example of intention
It is absolutely necessary that a person accepting an offer does not change the terms of the original offer. For example, if I say, 'I will buy your car cleaning business. But not for £20,000 as you ask. I will give you £15,000'.
Example of no acceptance (binding contract)
Oferujący
the person who makes an offer
Odbiorca oferty
Offeree
the person who receives the offer
Stracić ważność, wygaśnięcie
Lapsed
too much time has passed
Kontroferta
Counter-offer
the legal effect is to cancel the original offer
Odrzucony
Rejected
the legal effect is to cancel the offer
Odwołany
Revoked
withdraws the offer; change your mind about an offer
Other elements needed to make a contract
intention to create a legal relationship
Consideration is usually one of the following things:
a promise to do something
money
services
goods
a promise not to do something in the future (sometimes called forbearance)
Nieodniesiione korzyści
Suffer a detriment
As well as offer, acceptance and consideration, the parties to a contract need to have … to create a legal relationship
Intention
To make a legally binding contract both parties must … consideration
Provide
To find out what is good consideration for a contract I need to check the relevant … to see what judges say about it
Precedents
A promise not to do something in the future can be good consideration for a contract. Lawyers usually call this …
Forbearance
Both parties to the contract must provide consideration, in other words it must be …
Reciprocal
If I receive something positive under the contract I gain a …
Benefit
If I lose something under the contract I suffer a …
Detriment
Statut
Statute
a law made by Parliament
Ustawodawstwo
Legislation
collective word for all statutes
The law that comes from the decisions of judges and is based on precedent
The main law-making body in England
Parliament
Members of Parliament
MPs
A law made in Parliament
A statute / an act of Parliament
Chosen by the people to be a political representative
Elected
A word meaning all of the laws made by Parliament
A system of choosing new Members of Parliament. All of the people have a vote
An election
Transakcja
Transaction
a piece of business, such as buying or selling something
Przykryć coś
Cover something
to deal with, or include something
Ograniczenie
Restriction
a limit that is put on something
Ponosić odpowiedzialność za coś
Have liability for something
have legal responsibility for something
Warunki umowy
Terms of contract
its contents
the conditions and duties that you agree to perform when you enter into the contract
Nałóż na kogoś ograniczenie
Place a restriction upon someone
put limits upon what they are allowed to do
Meaning of “term“
all of the duties and conditions contained in a contract
words and expressions
a single duty or condition contained in a contract, sometimes called a provision
the duration of a contract
Strona trzecia
Third party
someone who is not one of the two main parties involved in a contract or a particular situation
Warunek
Condition
something that you have to do in order for something else to happen
Cały
Entire
complete or whole
Jurysdykcja
Jurisdiction
legal power over a geographical area or people
Ujawniać
Disclose
tell
A contract may be:
written
oral (spoken)
in the form of a deed
You are only 16 years old so you do not have … to contract
Capacity
A contract that is valid even though one of the parties has not provided consideration usually takes the form of a contract …
Under seal
We made an oral contract and even though it involves a very large … of money it does not need to be in writing to be valid
Sum
There are various ways in which a contract can be …, including performance of all duties or breach
Discharged
If a contract is binding then it is … by a court
Enforceable
You did not fulfil your obligations under this contract and as the … have the right to sue you for breach
Injured party
Did you sign the contract … or was it signed under duress?
Voluntarily
One of the terms of this contract is … the Sale of Goods Act and the term is therefore not valid
Contrary to
If I promise to make a … a person or an organisation it is a legally binding contract if the agreement takes the form of a deed
Donation to
Any private agreement must … all relevant law, including Acts of Parliament
Comply with
Pozwać
Sue
tart an action against someone in the civil court
Bezpośrednia strata
Direct loss
something that you suffer as a direct result of the breach of contract
Wynikowe straty
Consequential loss
something that you suffer as an indirect result of the breach of contract
Pretendent, rościciel
Claimant
the person who starts the legal action
Pozwany
Defendant
the person who the claimant is making a claim against
Wadliwy
Defective
faulty - not working correctly
I must return the goods that you delivered to my shop yesterday as they are all … and I cannot sell things that do not work properly
Mr Wilkes breached the contract because he delivered the goods two weeks late. As an immediate result of this I suffered a … of £2000 because I could not sell the goods to the buyer who was waiting for them
You must pay what you owe me at once or I will … you in the County Court
When the claim form was served upon the … he decided to pay the money that he owed to the claimant
The loss that you suffered as a breach of the contract was not a direct result of the breach. A court will say that this is …
Several people owe money to my business and as a result I am the … in three different cases in the County Court
A direct … is something that the injured party suffers as a direct result of a breach of contract
Loss
The boy is only 14 years old so according to English law he does not have … contract
Capacity to
When the parties to a contract exchange consideration they must gain a benefit or suffer a …
The … of Peter's employment contract is six months
Term
A person's age is one important … that decides whether or not a person has capacity to contract
Factor
In the UK the common law says that acceptance of an … cannot be made by silence
In England a promise of making a … or giving someone a gift is not usually an enforceable promise because one of the parties has not provided consideration
Donation
In some countries it is possible for one party to a contract to limit his or her … for negligence under that contract
Liability
To give your … to something means to give your permission for something to happen
Consent
There is a … between Mr Greene and Mr Cox. Mr Greene issued a claim last week
Dispute
My client claims the … of £5000 in damages
Last changed10 months ago