contract law

offer means

a proposal, the terms of which are certain

acceptance (zgoda) means

an unconditional agreement to what is proposed by the other party

offeror (robi ofertę) means

A person who makes an offer

offeree (odbiera ofertę) means

A person who receives an offer

precedent (precedens) means

A decision of a judge in an earlier case that other judges must follow if the circumstances of the situations are the same or similar

case (proces, argument) means

A set of arguments in a situation that might become legal or is already legal in nature

contract means

A legal agreement made between two or more parties

obliged (zobowiązany) means

that you must do something. It is necessary to do it

unconditional - bezwarunkowy

absolute, without any doubts or suggestions of change

no good - nieodpowiednie

an informal way of saying not suitable or not acceptable

parties - strony

the people who have entered into a contract or the people involved in a dispute

acceptance of an offer cannot be made

by silence

precedent comes from what is called the

common law

the common law covers both

criminal and civil court decisions

the common law is

one of the main sources of law in England and the USA

recorded

judge's decisions written down

binding (wiążący, obowiązujący)

A statement of law can become binding upon later judges and can become the law for everyone to follow

sąd pierwszej instancji

courts of first instance

the pronouncement must form what is called the ratio decidendi (wiążąca cześć wyroku sądowego)

the reasoning behind the decision. This is the part of the judge's words that provides the legal reasoning for his or her decision

obiter dictum (nie tak ważne do wyroku, niewiążąca opinia)

everything else the judge says. Is something that is not really necessary for the legal basis for the decision. Only the ratio decidendi is binding

distinguishable (odróżnialny od) means

that the case is so different that the precedent does not apply in this particular situation

A source of law

A place where law comes from, for example, a civil code

A body of laws

A collection of law. All of them together

A pronouncement

an old-fashioned word meaning a judge's word at the end of a case giving his or her decision

A principle of law (zasada prawa)

an accepted idea that forms part of the law

A factor (czynnik)

something that is important to consider when making a decision

relevant (istotny)

of significance or importance to a particular situation

account (projekt ustawy, faktura)

when the word is used in this way it means a bill or an invoice that someone must pay

4 elements of an English contract are from the common law

~offer ~acceptance ~consideration ~intention

przedawnienie, wygasła

lapsed

kontr oferta

counter offer

odrzucona

rejected

odwołana

revoked

świadczenie

consideration

zaniechanie

forbearance

obustronne

reciprocal

consideration is

what one party promises to give to, or promises to do for, the other party. Both parties need to provide consideration to make a contract valid

consideration is usually one of the following things:

~a promise to do something ~a promise not to do something in the future (sometimes called forbearance) ~goods ~services ~money

consideration is positive in nature

you gain a benefit

consideration is negative in nature

party suffer a detriment

uszczerbek

detriment

zamierzać

intend

stosunek, współczynnik, wskaźnik

ratio

statute (statut, ustawa)

a law made by Parliament

judges make the common law but

Parliament creates statutes

The House of Commons

this is the most powerful of Parliament's two chambers. These chambers are usually known as Houses, members are elected when the whole country votes in a general election. These members of the House are called MPs. A statue begins in this House

The House of Lords

This is Parliament's second chamber. It's main function is to check new laws, which were proposed in the House of Commons. Members are appointed

The Monarchy

Head of State. giving a Royal Assent. The last monarch to reject a proposed statute was Queen Anne, who died in 1715

There are three words for the law made by Parliament

~Statute (statutory law) ~Acts of Parliament ~Legislation (collective word for all the laws Parliament creates)

A transaction

is a piece of business, such as buying or selling something

to cover something

is to deal with, or include something

A restriction (ograniczenie)

is a limit that is put on something

if you have liability (odpowiedzialność prawna) for something

it means that you have legal responsibility for it

the terms of a contract

are it's contents. It means the conditions and duties that you agree to perform when you enter into the contact

to place a restriction upon someone

is to put limits upon what they are allowed to do

terms

all of the duties and conditions contained in a contract ~words and expression

term

A single duty or condition contained in a contract, it is sometimes called provision ~the duration of a contract

third party

someone who is not one of the two main parties involved in a contract or a particular situation

jurisdiction (sądowa ochrona praw prywatnych)

legal power over a geographical area or people

condition (warunek)

something that you have to do in order for something else to happen

entire (cały)

complete or whole

disclose (ujawniać)

tell

sprzeczne

contrary to (against)

przestrzegać

comply with

nieważny

void (empty)

wykonalne

enforceable

zdolność do zawierania umów

capacity to contract

when a person signs a contract they must be:

~old enough to consent (zgoda) say yes to it ~not mentally ill ~not drunk or using drugs

dobrowolnie

voluntarily

pod presją

under duress (pressure)

A contract may be:

~written ~oral (spoken) ~in the form of a deed

akt prawny, notarialny

A deed is sometimes called a contract under seal

dotacja

donation

suma

sum

discharged

when a contract comes to an end we say that the contract is discharged

złamać contract

breach

claimant

the injured party

defendant

the party in breach

claimant (powód)

it is the person who starts the legal action

defendant (pozwany)

is is the person who the claimant is making a claim against

sue mean

to start an action against someone in the civil court

defective (wadliwy)

it means faulty - not working correctly

direct loss (bezpośrednia strata)

it is something that you suffer as a direct result of the breach of contract

consequential loss (pośrednia, wynikowa strata)

it is something that you suffer as an indirect result of the breach of contract