6 A Contract by an Executor or Administrator to Be Personally Liable for Claims Against the Estate of a Deceased Person

An executor (called executrix if female) is one named in a will to settle affairs of a deceased person. The executor pays the debts and distributes the rest of the estate according to the terms of the will. If there is no will, the court appoints an administrator (administratrix) to do the necessary work. The court also appoints someone if the will doesn’t name an executor. Such personal representatives are not personally liable for debts of the deceased person unless they expressly agree in a signed writing to pay.

Vocabulary

provision условие договора

tangible personal property личное материальное имущество

to hold зд. обязывать

legally bound юридически обязанный

lease наем недвижимости, аренда жилищный наем; сдавать/ брать в наем

to fall behind (in) задерживать

to owe быть должным

probate [‘prəυb(e)it] официальное утверждение завещания судом

deceased person умершее лицо

executor душеприказчик, исполнитель завещания

title правовой титул; правооснование; документ в правовом статусе

to contemplate ставить целью, иметь намерением

engagement ring обручальное кольцо

administrator попечитель над наследным имуществом, администратор наследства

Here are some meanings of the word hold

1 держать, владеть

2 признавать, решать, выносить решение (о суде)

3 обязывать

4 проводить (заседание, собрание, конференцию, выборы)

5 занимать (должность)

6 иметь силу; оставаться в силе

Memorize the following word combinations:

1 to hold sb to his promise настаивать на выполнении кем-л своего обещания

2 to hold a brief вести дело в суде в качестве адвоката

3 to hold a consultation совещаться

4 to hold a session проводить заседание

5 to hold against обвинять

6 to hold an appointment занимать должность

7 to hold office занимать пост (должность)

8 to hold to terms настаивать на выполнении условий

9 to hold up поддерживаться

10 to hold with соглашаться

11 holder of estate владелец недвижимости

12 to hold land владеть землей

13 to hold решать (о суде)

Text 5 The Type of Writing Required in Contracts

Usually memorandum (памятная записка, меморандум) satisfies the writing requirement of the Statute of Frauds for evidence of an agreement. Usually any words that clearly state the important terms of the agreement suffice. Note, however, that the memorandum is enforceable only against those who have signed it.

The memorandum need not be in any special form. Nor does it have to be a single writing. A series of writings, such as an exchange of letters or telegrams, is sufficient if it includes all essential terms. Also, the later writings must refer to earlier writings in such a way that they are clearly part of the same agreement. The memorandum (memo) may be printed, typed, or written with pen and pencil. The signature may be written, stamped, engraved, or printed. It may consist of any mark that is intended as a signature. An adequate memo includes the following items:

1 date and place of the contract;

2 names of the parties;

3 all material terms of the agreement. These usually include the subject matter, price, and any special conditions, such as the time or method of delivery or terms of payment;

4 the signature of the party against whom the contract is to be enforced. This signature may be by an agent authorized to sign.

These items do not need to be in any particular order. If custom or business usage is well established, some items may be excluded. For example, such items as terms of payment and delivery, even price, are often omitted from orders for goods.

Text 6 The Parol Evidence Rule

The parol evidence rule applies whenever parties put their agreement in writing, whether or not a writing is required under the Statute of Frauds. With certain exceptions, under the parol evidence rule the writing itself is the only evidence allowed in court to prove the terms of a written contract if the writing appears to be the complete agreement between the parties.

The parol evidence rule bars evidence of prior or contemporaneous (made at the same time) oral or written agreement related to the written contract being disputed if these agreements were not mentioned or included in the written contract. Under the rule, such evidence is generally not allowed to add to, subtract from, or otherwise change the written contract. The court presumes that when the parties had their agreement to writing, they included all essential terms and intended to exclude all previous agreements. Accordingly, the written contract is held to be the only evidence of their intent.

In the interests of justice, however, the trial judge will sometimes permit parol evidence to be introduced to prove certain things. These include mistake, fraud, illegality, custom and trade usage, clerical errors, and the meaning of terms. Also, when a contract is obviously ambiguous, parol evidence may be used to clarify terms to determine the true intent of the parties. Such evidence does not change the writing. Instead, it explains the meaning of the writing or shows that there never was any enforceable contract.

Vocabulary

to allege [ə’led3] заявлять, утверждать

trade usage узанс, торговое обыкновение

parol evidence rule правило, исключающее устные доказательства, изменяющие или дополняющие соглашение

ambiguous неясный, двусмысленный

contemporaneous [kən’tempə’reinjυəs] одновременный

clerical error канцелярская ошибка

to bar исключать, не допускать, запрещать

Text 7 How to Interpret Written Contracts

Even when the parties put their contract in writing, something in the contract may not be quite clear or may require interpretation. This is frequently the case when standardized, printed order blanks are used. It also occurs when printed contract forms with blank spaces are used. In the completion of the forms, some contradictory terms may be added. Moreover, words do not always have the same meaning to different persons. One person may use a term that seems perfectly clear but which may mean something quite different to another party.

Annually, in millions of transactions, consumers buy, borrow, and lease goods and services. Usually the consumers are asked to accept and sign a printed form that is a contract of adhesion. These are contracts, such as credit purchases and life insurance policies, prepared by the stronger party with the help of their lawyers to favour their own interests. Generally such contracts are not subject to modification; the consumer must “take it or leave it”.

Thus in disputes over the meaning of the language in such contracts, courts favour the party who did not prepare the document. Another helpful development is the requirement by statute that the language of consumer contracts be clear, simple, and understandable to the average person.

Generally courts seek to determine and to enforce the intent of the parties by applying the following rules of interpretation to written contracts: