7. Agreement

8. resolution

25.4

26.1

1. false - arbitration is a formal and binding process.

1. false - rhe online mediator passes email responses between parties online.

2. false - adjudication is commonly used ro resolve construction disputes.

3. false - the defendant and the claimant are respective parties. The mediator is an independent rhird party.

1. notify 4 profits 7 instalments

2. cooperative 5 due date 8 income

3. stipulated 6 gains 9 exceed / be in excess of

26.2

1. chargeable

2. Return (or declaration!

3. due

4. relief

5. exemption

6. bill

7. benefits/efficiency

8. cfficiencv/bencfits

27.1	Verb	Noun	Adjective |j
	com'pete	competition	competitive
	'regulate	'regulator	regulatory
27.2	1 regulators 3 2 takeover 4	(takeover) bid 5 regulatory ami trust/competition 6 merger
27.3	1 abide by 2 offeree 3 relevant securities	4 disclosed 5 offer 6 offeror

1. inquiry

2. barriers

3. distort

4. harm

28.1 28.2

9 referral

10. competirion

11. powers under

12. compelled

1 a monetary penalty 2 an adverse effect 3 agreed undertakings

5. watchdog (the OFT)

6. refer

7. rivals/competitors

8. investigation

28.3

29.1 29.2

1 d - selling popular products below cost price to put pressure on smaller competitors 2b- erecting barriers ro keep out new players; e - acquiring development sites to prevent a rival opening a store

1. tort

2. damages

5. defamation

6. strict liability

7. trespass

8. slander

3b- move into convenience stores could distort competition; d - stores' increasing buying power, which they can use to drive down rhe prices paid to suppliers

3. damage

4. claimant/plaintiff

Noun	Adjective
defa'mation	de'fatnatory
'libel	'libellous
lia'biliry	'liable
'injury	'injured

29.3

1. injury

2. sustained/suffered

3. undergoing

4. suffered/sustained

5. earnings

6. owes ('has' is also possible)

7. care

8. admitted

9. claim

10 negligence

30.1

1. potential claim

2. adversely

3. imparrial opinion

4. a causal link / causation

5. pursue a claim / bring a claim

6. likely

7. on a conditional fee basis / on a no win no fee basis / on a contingency basis (AmE)

8. In the case in point

30.2

1. gives

2. explores

3. obtains

4. prepares

5. keeps

6. agrees

7. pursue

8. affected

9. bring

30.3 Note: The direct object (for example, 'rhe claim') normally comes before the agent (for example, 'the firm').

2. The claim is explored by rhe firm.

3. The client's medical records are obtained by the solicitor.

4. A reporr is prepared by an independent expert.

5. A register of experts is kept by rhe department.

6. A payment schedule is agreed with the client by the firm.

7. The claim is pursued on a conditional fee basis.

8. The outcome for rhe patient has been adversely affecred by rhe action of rhe defendant.

9. The claim must be brought by the claimant within the limitation period.

31.1 1 hire agreement/eon tract 4 lease

2. service agreement/con tract 5 loan agreement/contract

3. hire purchase agreemenr/con tract

2. contrary evidence; counter offer; conditions of sale; rebuttal presumption; avoid uncertainty; essential terms: шпимеопц parties; qualified acceptance; subject to contract

3. 1 An English court is likely to find that no conrract was formed. "There had been no final

unqualified agreement on all the elements of the contract, such as consideration (for example a price) or essential terms (such as delivery). The agreement was vague. There was uncertainty.

2. Helena had become a shareholder. The contract was formed at rhe time of posting, when acceptance was sent by the offeree, even though the letter in which acceptance was communicated was not actually received. This is the postal acceprance rule.

3. The agreement was legally binding if there was no contrary evidence. There was intention to create legal relations.

32.1

32.2

1. renderec

2. treated

1. authority/capacity

2. (made) in writing

3. have effect / be effective

3. barred

4. consented

4. (formally) executed

5. enforceable

6. standard wording

5 set aside (> implied

7 required

32.3

33.1

1. dare of occurrence of the cause of action

1. limitation period

2. lapse of time

1. Definitions

1. Consideration

2. Recitals (also known as Background or Preamble)

3. Commencement, and Dare; Parties

4. Interpretation

5. Conditions precedent

6. Operative provisions (referring ro those "therein" rhe Schedules)

7. Opera the provisions

33,2

1. Irrespective of / Despite

2. hereby

3. concerning

4. In the absence of

5. vice versa

34.1 1 Where

2. defective/fa ulry/damaged

3. repair

4. at its sole discretion

5. replace

6. within

7. date of delivery 6 subject to

9 conditions

10. defects

11. due ro

12. faulty

34.2 34.3

5. communicate acceptance of rhe breach (of contract)

6. repudiate

7. discharged by frustration

8. remuneration

34.4 34.5

35.1

35.2

1 1

35.3 36.1

36.2 36.3

5. express

6. to the contrary

7. previous dealings

'stipulate' does nor collocare wirh 'a contract' or 'the contract'; 'stipulate terms/conditions" or 'stipulate a term/condition'

7. goodwill

8. arising from

9. breach

1. warranty

2. damages

3. stipulates

4. implied under statute

4. construed; jurisdiction

5. unenforceable; provision G language; prevail

1. be under no liability / not be liable 4 duty

2. whatsoever 5 damage

3. negligence 6 consequential

1. outside their (the Company's) reasonable conrrol

2. of the essence

3. assigned; prior written consent

6. enforce a term

7. confer a benefit (on someone)

8. obligations under contract

9. assignment of obligations

2 5

1. agent (on behalf of his principal)

2. third parry

3. privity of contracr

4. novation

5. express provision

5 specific performance

3. suffers

4. granted

1. released; contractual obligations

2. defective performance

3. been committed

4. substantially performed

1. rescinded

2. (their) discretion

5. Licensee

6. Licensor/ authorised Licensor

7. breaking the seal

8. exclusive

9. enters into effect

37.1

37.2 38.1

enrer into trans ясно lis; produce uniformity; reduce the need for; reflect die aims of; subject to legal restrictions; terms favourable to; use standard terms; conflict with legal developments

5 consumer G counter offer

1. acceptance

2. encumbrances

1. subject to legal restrictions 3 reduce the need for

2. use standard terms 4 reflect the aims of

3. exclusion

4. incorporated

Note: It is a convention of written contracts that terms defined within the contract may have an initial capital letter,

6. Licence Agreement / Licensing Agreement

7. under the terms

8. multiple; granted

9 protected by copyright law 10 enforced

5. permit 3 excluding 5 restricted

6. reserves 4 professed 6 deemed

1 tenant/leaseholder/lessee 2 freehold

1. renewal of the lease

2. grounds exempting; statutory regime

3. transfer interest in / assign

1. conveyancing

2. lor

3. title

4. bidding

a lot b sale memorandum

38.2

39.1 39.2

39.3 40.1

40.2

1. clause

2. Landlord

3. Break Date

4. terminate

1. purchaser

2. rescind

3. sale agreement

4. exchange

3 under-tenant

4. consent (to the assignment)

5. rent review

5. Tenant

6. serving notice

7. assignment

5. sale memorandum

6. seller

7. completion date с Title

5. incorporated

6. pre-contract enquiries

7. negotiated

8. form of contract

40.3 First of ail, terms are negotiated by seller and purchaser; then usually the purchaser considers searches and the seller is asked to provide replies to pre-contract enquiries. After that, a sale agreement is drafted by the seller's solicitor and Standard Conditions can he incorporated into the contract; then it's necessary that the form of contract is agreed by both parties and finally the parties exchange contracts once all terms are agreed. However, parties may rescind the contract in the event that the conditions have not been achieved.

41.1 employment tribunal; collective bargaining; labour relations; employment particulars; time off; sick pay; fixed term; trade union

1. sick pay 4 employment tribunal

2. fixed term 5 employment particulars

3. trade union 6 collective bargaining

41.2 1 giving notice / notice of termination of employment

2. restrictive covenant

3. made redundant

4. dismissal

5. grievance procedure

6. variation of contract

1. irrelevant

2. illegal

3. unlawful

41.3 41.4

1 constructive dismissal 2 summary dismissal 3 unfair dismissal

4. non-restrictive

5. unfair

6. non-statutory

42.1

1. terri'torial

2. o'riginal

3. intellectual

4. industrial

5. 'patentable

6. 'novel

42.2 copyright owner; copyright protection; copyright arises; copyright symbol

1 owner 2 protection 3 arises

42.3 1 copyright 4 tangible form 7 inventive step (AmE: non-obvious)

2. automatic right 5 entitlement 8 novel

3. assignment 6 filing date 9 patentable

7. trading goodwill

8. passing off

9. freezing injunction

10. interim injunction

11. dispute resolution providers

12. account of profits

42.4 1 exclusive rights 2 the right to exclude

43.1 1 sign

2. graphically

3. trade mark

4. top level domain / TLD

5. infringer

6. cybersquatting (also known as 'net name piracy'}

43.2 1 brand 7 granting

2. registrable 8 licensed

3. distinctive 9 infringement

4. misleading 10 passing off

5. Registry 11 domain names

6. Comiminitv Trade Mark- / CTM

44.1 Note: Other common word combinations not shown in text A are in brackets.

breach of computer security {dho breach of security); illegally obtained; adequate security [also adequate computer security); virus spreading; insecure servers; computer misuse; unauthorised access (also unauthorised activities and unauthorised users); legal challenges; end users (also legal/illegal users): illegal activities {also illegal access)

44.2

1. false - People who use computer applications arc known as end users.

2. false - it's compurer misuse / a breach of computer security to gain unauthorised access to a database.

3. false - Insecure servers make virus spreading possible. Secure servers make virus spreading more difficult.

4. true

4. pharming

5. fake

6. bona fide

7. laundering

8. sustainable development principle

9. polluter pays principle

10. common but differentiated responsibility principle

11. precautionary principle

12. environment impact assessment principle

44,3

44.4 45.1

45,2 45.3

1. scams/fraud

1. phishing

2. disclose

3. fraudsters

1. data subject

2. Data Protection legislation

1. protection

2. framework/frameworks

3. treaties/conventions

4. compliance

1 licences 1 audits

3 environmental issues

3. consent must be informed and freely given

4. infringe regulations

5. enforcement

6. pollution

7. implementation

8. damage

4. sanctions

5. conditions

Professional English in Use Low