Legal English – Peter’s Pills – Lesson 73 – Essential Elements of a Contract

Legal English for Notaries - By Federnotizie

Essential Elements of a Contract

Transcript:

Hello!

Please pay attention to the vocabulary used to define the essential elements of a contract in the UK.

Legal scholars agree that there are 5 essential elements of a contract in the UK. These are:

  1. Offer: A contract begins with one party making an offer to another, indicating a willingness (volontà) to enter into an agreement under certain terms;
  2. Acceptance: Acceptance of this offer must be clear and unambiguous, forming mutual assent (assenso reciproco) between the parties. Acceptance must mirror the offer and not be a counteroffer;
  3. Consideration (più o meno corrispettivo; più o meno sinallagma): Each party must provide something of value, whether it is goods, services, money, or a promise to do or refrain (astenersi) from doing something. This exchange of value distinguishes a contract from a gift or a unilateral promise. Consideration must be sufficient, but need not be adequate. It is legal to sell a Ferrari for £1,00;
  4. Intention: Both parties must intend for the agreement to have legal consequences and to create legal relationships. Social and domestic
    agreements generally lack (non hanno) this intention, but commercial agreements are presumed to have it unless proven otherwise;
  5. Capacity: Parties entering into a contract must have the legal capacity to do so. This means they must be of sound mind (sani di mente), of legal age (maggiorenni), and not under duress (costrizione) or undue influence (influenza indebita).

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Legal English – Peter’s Pills – Lesson 72 – Types of cases: Cornerstone and Milestone cases

Legal English for Notaries - By Federnotizie

Types of cases: Landmark cases

Transcript:

Hello! Last week we looked at landmark cases in the common law system and how they change the scenario and our perception of the law. Today we look at two other types of cases, namely Cornerstone cases and Milestone cases.

Cornerstone cases

A cornerstone (pietra angolare) is the stone that forms the base of a corner of a building or joins two walls together. It is the base on which you build the rest of the building.

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Legal English – Peter’s Pills – Lesson 71 – Types of cases: Landmark cases

Legal English for Notaries - By Federnotizie

Types of cases: Landmark cases

Transcript:

Hello! Today we look at landmark cases in the common law system.

Case law is also known as judge-made law or precedent and it refers to the body of law established through the decisions made by judges in individual cases. Sometimes we use special names to define certain types of cases and one such an example is “landmark case”.

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Legal English – Peter’s Pills – Lesson 70 – Specific performance

Legal English for Notaries - By Federnotizie

Specific performance

Transcript:

Hello! Today we look at specific performance.

This is a legal remedy available in contract law that requires a party to fulfil (adempiere) their obligations under a contract as agreed upon by both parties.

Specific performance (l’esecuzione in forma specifica) is a court-ordered remedy where a party is required to perform (adempiere) its contractual obligations as promised. It is typically sought (cercato/richiesto) when monetary damages (risarcimento) are insufficient to compensate for a breach of contract.

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Legal English – Peter’s Pills – Lesson 66 – Person Persons People

Legal English for Notaries - By Federnotizie

Person / Persons / People

Transcript:

Hello!

We all know that “person” is a singular word in English, but what is the plural? Is it “persons” or “people”, or both?

In General English the plural of “person” is “people”.

We say:

  • One person; two people;
  • There were 20 people at my party;
  • There are a lot of people in this room.

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Legal English – Peter’s Pills – Lesson 65 – Financial Reporting Words

Legal English for Notaries - By Federnotizie

Financial Reporting Words

Transcript:

Hello!

Today we look at some essential words related to financial reporting tools.

Financial Statements (bilancio):

  • Financial statements are comprehensive (completi) reports that summarise the financial performance and position of a company over a specific period. They provide valuable insights (informazioni; spunti) for various stakeholders, including investors, creditors, and management.

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Legal English – Peter’s Pills – Lesson 64 – Representations and Warranties

Legal English for Notaries - By Federnotizie

Representations and Warranties

Transcript:

It is very common to come across the terms “Representations and Warranties” in contracts, but do you know the difference?

First of all, it is important to note that “Representations and Warranties” are often translated into Italian simply as “Garanzie”, but as you can imagine, in the Common Law mind, there are important differences between the two terms.

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Legal English – Peter’s Pills – Lesson 63 – Machine translations

Legal English for Notaries - By Federnotizie

Machine translations

Transcript:

Hello!

We live in exciting times where we can find excellent machine translators on the web that can translate huge (enorme) amounts of texts for us in a very short time and are doing quite a good job.

Although we are at a much better point than: “The Italian fan club was ready for the last match of the World Cup” to “La clava di ventilatore italiano era pronto per l’ultimo fiammifero della tazza di mondo”, it would be wise to have your machine translations checked by professionals if you want accuracy.

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Legal English – Peter’s Pills – Lesson 62 – Legal Timelines

Legal English for Notaries - By Federnotizie

Legal Timelines

Transcript:

Hello!
In law precision in terminology is vital to prevent misinterpretations. Today we look some frequently used legal terms relating to time constraints (restrizioni temporali).

Statute of Limitations (prescrizione):

  • Statute of Limitations is a law which establishes the maximum time frame (periodo di tempo) within which a legal action can be initiated for a specific type of case. After this period old claims (rivendicazioni/cause) cannot be brought.

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