In case of - in the case of - in the event of

1__________emergency, dial 999. 2 He left a letter for me to read__________his

death. 3 The amount of fruit in fruit juices must be 6%__________ berries and 10%________

____other fruits. 4 The bank has agreed to give an immediate refund_________________

an error being made. 5_____________difficulty, consult the instruction book. 6____________Jennings v. Westland Engineering, it is hard to discern why a different approach was adopted. 7 Parts of the fleet were running short of food and,________________submarines, fuel. 8 Many shops along the route have been boarded up____________________trouble.

b) Using an English-English dictionary, write five examples with the phrases ‘in case of, ‘in the case of and ‘in the event of.

10. Elements of a contract (revision) Law

Read the examples and in each case say: a) is this a valid contract; b) if not, what element is in

question? Prove your point.

1. A supplier ordered an additional consignment of goods by telephone. Unfortunately, the telephone line went dead at the end of the conversation and the supplier did not hear a definite ‘yes’ to his offer. However, he assumed that it was given and acted on this assumption to his detriment: the goods never arrived and he incurred considerable losses.

2. A friend helped a couple who were in business together to find a new supplier. There was never any mention of payment but the grateful couple promised to pay her £400 for the commission. However, disappointed with the produce supplied, they refused to pay the commission.

3. Three brothers, who were directors of a family company, entered into an agreement related to the running of the company. When disagreements arose, one of the brothers threatened to sue the other two in court. They countered that, since they were family members, he was prevented from doing so.

4. A buyer purchased from a seller a quantity of oats in the belief that the offer was to sell old oats when, in fact, they were new oats and therefore unsuitable for his purpose. The seller knew that the buyer had misunderstood the offer but did not inform him of the true nature of the offer. When the buyer discovered his mistake, he refused to accept the oats and the seller sued for the price.

5. Directors of a company invited the public to subscribe for debentures on the basis that the money so raised would be used to expand the business. In fact, the real purpose in raising the money was to pay off company debts. The shareholders decided to sue them for breach of contract.

6. Knowing that the other party needed to make deliveries to Marks arid Spencer to fulfil a big order and that it would be in difficulties if the deliveries were not made, a company tried to get extra payment for the deliveries. Fearing being in breach of their contract with Marks and Spencer and with no alternative transport available, the other party signed a new agreement under protest. However the additional payments were not made and the company sued to recover the increased charges.

7. A lawyer gave his friend legal advice concerning the problems he was having with his landlord. The friend needed further assistance and the lawyer gave it to him. Finally, the lawyer demanded payment for his services but the friend refused to pay saying that there had been no contract concluded between them.

8. A man bought company shares from a friend. They both decided that there was no need for any ‘unnecessary paperwork’, so the agreement was a verbal one.

Text 2: Competition Law