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1. THE FORMATION OF A CONTRACT
THE FORMATION OF A CONTRACT is about how a contract is formed in common law systems. It explains the ‘elements’ needed in the common law to form a legally binding contract, either written or oral. These are different from the elements required in jurisdictions with a civil code.
The focus is on one of the most well-known court cases in the history of American contract law, Pennzoil v Texaco, a legal battle between two huge U.S. oil companies that came to court in Houston, Texas, in 1985. The case is an excellent way to explore how very high-value contracts can be formed without the existence of a formal written and signed contract between the parties. It is also an excellent way to study the bold tactics of a winning litigation lawyer, who ultimately decided not to fight the case on the grounds of breach of contract. This lawyer was the controversial U.S. attorney Joe Jamail, who became famous following his involvement in this case.
Course access: this online legal English course will be available for 18 months after purchase.
At the end of this course in English for lawyers, you will know more about:
- how a contract is formed in common law jurisdictions when the parties have nothing in writing
- the elements that constitute a contract, either written or oral, in common law systems
- the legal concept of consideration and why consideration must be exchanged by the parties
- the nature of consideration and the requirement of value
- the litigation strategy of the successful legal team
- why an amount awarded by a court may never be received by the successful party
- the availability of chapter 11 bankruptcy in the USA and how bankruptcy can be used in order to protect a client
- how the law of contract and the law of tort were equally useful to the lawyers in this landmark case
- the legal concept of tortious liability and the consequences of deliberately persuading a party to an established contract to breach the agreement
- some key legal English dictionary terms that are essential to practising commercial law at an international level
TOLES PREPARATION: This course is excellent preparation for all three levels of the TOLES exams in professional legal English.
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1. THE FORMATION OF A CONTRACT
2. BOILERPLATE CLAUSES IN COMMERCIAL CONTRACTS
3. THE LIABILITY OF BUSINESSES FOR NEGLIGENCE
4. SOLE TRADERS AND TRADITIONAL PARTNERSHIPS
5. CONTRACTUAL WARRANTIES
6. THE LIABILITY OF BUSINESSES FOR NUISANCE
7. DAMAGES AS A REMEDY FOR BREACH
8. PAYMENT CLAUSES AND RETENTION OF TITLE
9. AN INTRODUCTION TO LIMITED COMPANIES
10. THE STRUCTURE OF A COMMERCIAL CONTRACT
