Who can enter into a contract?

Minors

Nearly anyone can enter into a contract. A minor is a person under the age of legal majority (18 in most states). In the United States, the age of majority is determined individually by each state. In 47 of the states, the age of majority is 18. In Nebraska and Alabama it is 19, and in Mississippi it is 21. In American Samoa, a U.S. territory, the age of majority is only 14.

Minors can enter into contracts. However, it is very difficult for a business or person to sue a minor over a contract because contracts with minors are usually voidable. Voidable means the minor can cancel the contract at any time.

Mentally incompetent

The second category of individuals who have a limited ability to enter into contracts are people who are mentally incompetent. This might be someone with a mental illness or who is drunk.

At first, this person is unable to understand in a reasonable manner the nature and consequences of the contract. Secondly, the person acts in a strange way in relation to the contract and the other person knows of the mental condition.

_______________________

voidable - 1) спорный; оспоримый 2) могущий быть аннулированным

age of majority – совершеннолетие

to determine - определять

to sue – преследовать в судебном порядке

ability - способность

mentally incompetent – невменяемый

to be drunk – быть в состоянии опьянения

in a reasonable manner – разумным образом

consequences – последствия

mental condition – психическое состояние

Task 23. Find equivalents of the following words and word combinations in the text above:

преследовать несовершеннолетнего в судебном порядке; почти каждый человек может заключить контакт; несовершеннолетний может расторгнуть контакт в любое время; несовершеннолетние могут быть одной из сторон контракта; если он не исполнил условия контракта; контракты с несовершеннолетними часто являются спорными; не могут понять сущность контракта и его последствия; невменяемые имеют ограниченную способность заключать контракты; люди, находящиеся в состоянии опьянения. или имеющие психические заболевания.

Task 24. Study the text below, making sure you fully comprehend it. Identify five key notions, compile and write their definitions. Learn the definitions by heart and comment on them. Give a comparative analysis of the basic contractual notions used in the British legislation and the Russian one.

CONTRACT FORMATION. OFFER AND ACCEPTANCE

Agreement between two parties is an essential ingredient of contract. This agreement takes the form of an offer. An offer has been defined as an expression of willingness to contract on certain terms made with the intention that it shall be binding as soon as it is accepted by the person to whom it is addressed (Treitel, The Law of Contract, Stevens, 1987). An offer must be clear and contain the details of the contract; for example, if A asks В 'would you like to buy my car' and В replies 'yes'- there is no contract because the offer did not include an essential detail, the price. The offeree may choose to accept or reject the offer but once it is accepted the contract is concluded and the parties are bound by its terms. An offer can be withdrawn or revoked before it has been accepted but not after that time.

The acceptance must be communicated to the offerer and exactly match the offer. Any deviation from the terms of the offer is called a counter-offer which the original offerer is then free to accept or reject. This is illustrated in the case of Hyde v. Wrench (1840). The defendant offered to sell his farm for £1,000. The plaintiff offered to buy the farm for £950. This offer was rejected and the plaintiff then agreed to pay £1,000 and sought, unsuccessfully, to enforce the sale through the courts.

The Master of the Rolls - [Lord Langdafe]. 'Under the circumstances stated in this bill, I think there exists no valid binding contract between the parties for the purchase of the property. The Defendant offered to sell it for £1000, and if that had been at once unconditionally accepted, there would undoubtedly have been a perfect binding contract; instead of that, the Plaintiff made an offer of his own, to purchase the property for £950, and he thereby rejected the offer previously made by the Defendant. 1 think that it was not afterwards competent for him to revive the proposal of the Defendant, by tendering an acceptance of it; and that, therefore, there exists no obligation of any sort between the parties …'

The importance of determining which part of the transaction constitutes the offer and which the acceptance rests on the fact that once the offer has been accepted the contract is concluded. If, after this point, one of the parties fails to perform his or her obligations, the other party may apply to the courts for a legal remedy. A failure to fulfill a contractual obligation is called a breach of contract.

In most simple transactions the offer and acceptance can be easily defined:

Peter to John: 'Will you buy my car for £500' - the offer.

John to Peter: 'Yes' - the acceptance.

But even in some relatively simple transactions the position is not so straightforward. Look at the facts of the case of Harvey v. Facey [1893] AC.

(a) Harvey telegraphs Facey: 'Will you sell us Bumper Hall Pen? Telegraph lowest cash price.

(b) Facey telegraphs Harvey: 'Lowest cash price to buy Bumper Hall Pen £900.'

(с) Harvey telegraphs Facey: We agree to buy Bumper Hall Pen at £900 asked by you.

One analysis of this exchange of telegraphs could be that b was an offer to sell Bumper Hall Pen for £900 and that с was an acceptance of that offer. However, the court held that b was merely a statement of the price; с was an offer to buy Bumper Hall Pen which Facey was free to accept or reject.

A pre-contractual statement such as b is called an invitation to treat. It is very important to distinguish between an offer and invitation to treat but this becomes more difficult in prolonged and complex negotiations. Let us examine Gibson v. Manchester City Council [1979]. In this case the courts were asked to decide, on the basis of an exchange of correspondence, whether a contract had been concluded between the plaintiff and the defendants.

G was a council house tenant and in 1970 the council sent him details of a scheme for the sale of council houses to existing tenants. G responded by sending the necessary £3 administration fee and the completed application form. The council replied: 'The corporation may be prepared to sell the house to you at the purchase price of £2,725 less 20 per cent £2,180.' The second paragraph of the letter then gave details of mortgage arrangements and stalled, "This letter should not be regarded as a firm offer of a mortgage. If you would like to make a formal application to buy your council house, please complete the enclosed application form and return it to me as soon as possible'. G completed and returned the form and requested that the purchase price be reduced to take account of the cost of repairs. The council replied that they would take account of these costs when setting the purchase price. G responded, "In view of your remarks I would be obliged if you will carry on with the purchase as per my application already in your possession.'

At this stage in the transactions there was a local election and the new Labour council refused to sell any more council houses except a few it was legally bound to do so. G applied to the courts for an order of specific performance (this is an equitable remedy which requires one party to a contract to perform his or her contractual obligations). The question for determination was whether a binding contract had been concluded.

_____________________

Master of the Rolls - начальник судебных архивов (ныне титул главы Государственного архива Великобритании)

Answer the following questions:

1. What is the text devoted to?

2. How many parts does the text contain?

3. What does each of the parts dwell on?

4. What is the difference between the contract and agreement?

5. Why is agreement an essential part of the contract?

6. What kind of relationship do the examples illustrate?

7. What happens in the final case?

Task 25. Test yourselves by doing the following tasks.

Test

Full Name....... Date...... Score.....

Task 1. Translate from English into Russian

1. legal 2. intention 3. unconditional 4. offerer 5. apply to the courts 6. statement of the price 7. offeree 8. to withdraw 9. obligation 10. legal remedy

Task 2. Translate from Russian into English

1. контр-предложение 2. заключать контракт 3. соглашение 4. обвиняемый 5. предложение 6. стороны контракта 7. сделка 8. принимать 9. ответчик 10. отклонять

Task 3.Complete the sentences below using the correct form of the verbs in brackets.

This letter should not be 1) (to regard) as a firm offer of a mortgage.

If you would like 2)(to make) a formal application to buy your council house, please, 3)(to complete) the enclosed application form

At this stage in the transactions there 4)(to be) a local election and the new Labour council 5)(to refuse) to sell any more council houses

It 6)(to be) very important 7)(to distinguish) between an offer and invitation to treat

Courts generally rule that if the parties 8)(to act) as though there 9)(to be) a formal, written and valid contract, then a contract 10)(to exist).

Task 4. Match the words and word combinations with their correct definitions.

(1) breach of contract is (2) An offer (3) a counter-offer (4) an invitation to treat (5) liability

· (a) is an expression of willingness to contract on certain terms · (b) Any deviation from the terms of the offer is called · (c) A pre-contractual statement is called · (d) legal responsibility · (e) A failure to fulfill a contractual obligation

Debate: MERCENARY CRIME

Read the text below and try to give a definition of the notion 'mercenary crime'. Analyze the answers of the people who have given much thought to the subject of crime to the questions put in the article. Comment upon the answers and decide how you would possibly answer these questions.

How do you understand the last sentence of the text?

MERCENARY CRIME

Crime statistics are not uniformly available. However, it is not necessary to quote statistics to prove that crime exists, and that sometimes crime is punished and sometimes it is not punished. Crime would largely subside if it were always detected and always punished. It may be taken for granted that crime would largely subside if it were always detected and always punished. So long, however, as mercenary crime continues to be and to remain a profitable employment, detection and punishment will, in large measure, fail of their function. Wholesome fear of punishment is, or rather would be, a persuasive deterrent, but a more efficient preventive would be to curb mercenary crime and to remove temptation from the path of the weak and erring. Bankers, employers having large pay-rolls, and men and women of large wealth, by the exercise of good judgment, could do much to reduce the volume of mercenary crime.

How much of crime does mercenary crime embrace? Of old it has been said that, “The love of money is the root of all evil.” According to statistics, mercenary crime covers anywhere from sixty to ninety per cent of all crime. Is it possible to make a catalog of mercenary crimes and non-mercenary crimes? For example, it cannot be said that gambling must always be classified as a mercenary crime and murder as a non-mercenary crime. It sometimes happens that men gamble for pleasure rather than for profit, and, on the other hand, they sometimes commit murder for profit rather than directly to satisfy passion or to relieve excited emotion: and it quite often happens that both causes contribute to the commission of a criminal offence. It happens thus that crimes against the person, against property rights, or against the State may be either mercenary or non-mercenary in character, depending upon the motivating cause thereof. A mercenary crime, then, is a crime committed for pecuniary gain. It is not the form but the substance of the crime by which we must define it. Was greed for ill-gotten gain the motivating cause? Then, whatever its name, it is a mercenary crime. Was passion or excited emotion the proximate cause, so to speak? Then, it is a non-mercenary crime. In the solution of the crime problem the study of motivating causes is of prime importance, and that serious consideration should be given to the existence of mercenary motives, both from the subjective and from the objective aspects of the case. It is obvious that the motivating cause of mercenary crime is the desire for ill-gotten gain – to get something for nothing.

The subject of the mercenary crime is a very broad one and it is impossible to do more than to center attention upon a few of the high spots. They are like that:

- Should we make a special study of mercenary crimes of violence, or should we call attention chiefly to a few characteristic non-violent forms of mercenary crime?

- What are the most significant aspects of mercenary crime?

- What may be done to minimize the evils of this phase of the general crime problem?

For the purpose of eliciting expressions of opinion from those who have given much thought to the subject of crime, and for the purpose of clarifying the problem, different people of various walks of life were asked the upper questions.

From the replies which were received, short excerpts are here submitted, classified as follows:

1. Relation between violent and non-violent mercenary crimes.

“Both violent and non-violent mercenary crimes overlap and are motivated by the same principle.”

“Most of crimes of violence are incidental to non-violent forms of mercenary crime.”

“Not much profit may be had in these days from the study of mercenary crimes of violence apart from the general subject of crime as a business, with violence as only an occasional means of operation.”

2. Crimes of passion and mercenary crimes.

“The time once was that when the lawyer had in hand the defense of a difficult criminal case he turned instinctively to the plea of insanity. Out of the necessities of such cases the profession of psychiatry has grown to large proportions. Recognizing the value of psychiatric studies, we must bear in mind also that abnormal personality accounts for very little of mercenary crime.”

“The crimes committed for profit constitute the only problem of crime we have. Crimes of passion, revenge, and as the result of degeneracy have not increased beyond the ratio of increase in population.”

3. Corruption of Government.

“From the lawyer’s standpoint perhaps the most interesting feature of mercenary crime is its corrupting influence on government (officials profiting from gambling, prostitution, money laundering, bribery etc.)”

“The most significant aspect of mercenary crime is its protection by politics.”

4. Responsibility of the legal profession.

“The greatest weakness in dealing with crime is the protection the legal profession gives it.”

“The sinister influence of “mercenary” lawyers who aid in the crimes of non-violence by their sharp practices.”

5. The attitude of the public as to mercenary crime.

“The most serious aspect of mercenary crime is the tolerance of the general public toward it without realizing how its roots and branches are so permeating every aspect of modern life as to rot the whole of it”

“The refusal on the part of the wealthy classes to obey the law establishes in the popular mind the belief that mercenary crime is legitimate.”

“So long as the criminal element, with the cooperation and approval of the respectable elements of society, are financed to the extent that they have more money to spend in protection than the law enforcement agencies have for prosecution, little progress can be made.”

“We are in a hopeless state if big business is ready to surrender to crooks.”

“Crime, after all, is in the main commercial. It is the child of avarice. Of course there are crimes of impulse and passion and revenge and jealousy, etc. But crime is largely possible because of commercial ambition on the part of the criminal or on the part of his allies. Of course, there are commercial crimes on the part of those who are “higher-ups” in the economic system. They practice their robberies in ways the public cannot see.”

6. The need for enlightened public opinion.

“One thing which crime of all classes hates is light.”

Task 26. Find equivalents of the following words and word combinations in the text above:

корыстная преступность; доступный; приводить статистику; прибыльное предприятие; сдерживающий фактор; сократить объем; охватывать; любовь к деньгам – корень зла; азартные игры; денежная прибыль (выгода); нечестно нажитое; рассмотреть со всей серьезностью; разъяснить проблему; частично совпадать; под предлогом невменяемости; мы должны хорошо понимать; «корыстные адвокаты»; отношение общественности; терпимость; правоохранительные органы; уступать мошенникам; скупость; то, что более всего ненавистно любому преступлению – это гласность.

Debate: DELIBERATE BANKRUPTCY

Read the article below and comment upon the facts in it. Say how you understand the notion 'deliberate bankruptcy'. Prepare information from mass media illustrating such kinds of crime.

ACCUSED OF DELIBERATE BANKRUPTCY

17.06.2011

The preliminary investigation of the criminal case initiated on deliberate bankruptcy has been completed. The prosecutor of the Property and Economic Crimes’ Department of the RA General Prosecutor’s Office who supervised the preliminary investigation of the criminal case has confirmed the bill of indictment.

The preliminary investigation has revealed that the citizen of Yerevan H. Margaryan in September 2000 founded “Erebuni Wine-Brandy Factory” Ltd. and till July 2009 produced in the mentioned company and sold alcoholic drinks in the building by the address Artsakh 47.

The “Erebuni Wine-Brandy Factory” Ltd. had tax liability of 61 462 259 drams to the State Budget and H. Margaryan, based on his personal interests and the interests of whose people who had given loans to the company as well as having the purpose to deliberately avoid paying the taxes, with the help of his relative, the head of the “Erebuni Wine Factory” Ltd. N. Margaryan, in 2009 sold the whole property of the “Erebuni Wine-Brandy Factory” Ltd. by 347 467 779 drams to the “Erebuni Wine Factory” Ltd. that is the manufacturing equipment, means of transport, the products and other means thus depriving the company of its production ability and solvency.

H. Margaryan paid off his and the other persons' loans by the above-mentioned sum of money. As a result, the “Erebuni Wine-Brandy Factory” Ltd. was deprived of all the possibilities to carry out its liabilities. Thus H. Margaryan created features of deliberate bankruptcy and caused 172 526 900 drams damage to the State.
During the preliminary investigation 50 million drams was restored.

H. Margaryan has been charged according to the RA Criminal Code Article 193 and N. Margaryan Article 39-193. The criminal case has been sent to the Court of First Instance.

Task 27. Review the texts and focus on the three you like best.

(a) Speak about one of your favourite texts explaining what exactly made you like it.

(b) Present brief summaries of the other two texts identifying the main information and its support.

Unit 4. PROPERTY LAW

Useful Words and Expressions for Speech Practice
property - имущество; собственность; состояние, хозяйство, property law - право собственности, право владения personal (real) estate - движимое (недвижимое) имущество real property / real estate -недвижимое имущество, недвижимость population density - плотность населения to rank - ценить, располагать по рангу; занимать какое-либо место share- доля, часть; квота; разделять (smth. with smb. - с кем-либо что-либо); использовать совместно (to share a house with four other people - жить в одном доме вместе с четырьмя другими людьми) valuable assets - имущество несостоятельного должника, имущество обанкротившейся фирмы актив(ы); авуары to encompass [ɪnˈkʌmpəs] - окружать; обносить (стеной и т. п.); обводить (рвом и т. п.) охватывать trusts law - доверительная собственность; имущество, управляемое по доверенности; управление имуществом по доверенности		insolvency - банкротство, несостоятельность branch - отрасль, подразделение; отделение, филиал организация внутри другой организации equity - 1) справедливость; беспристрастность, объективность; 2) (юр.) право справедливости; правосудие на основе права справедливости (в Англии, Ирландии и США - система законодательных актов, существующая наряду с обычными законодательными актами и замещающая их в случае несоответствия их друг другу) court of equity - суд, решающий дела, основываясь на праве справедливости core - средняя внутренняя часть чего-либо; а) центр (core of the city - центр города); б) сердцевина, ядро (плода); ядро (небесного тела) subject matter - тема, предмет обсуждения; (юр.) предмет (договора, спора и т. п.) to claim- заявлять о своих правах на что-либо remedies - возмещение, средства судебной защиты specific performance - исполнение договора в натуре

Task 1. Study the text below, paying attention to specific descriptions of the principal notions in English property law.

English property law

With 395 people per square kilometre, England has the highest population density in Europe, and ranks 32^nd worldwide. This does leave, however, around 2530 square metres per person.

English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics:

· English land law, or the law of "real property"

· English trusts law

· English personal property law

· United Kingdom intellectual property law

Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Law of Trusts affects everything in English property law. Intellectual property is also an important branch of the law of property.

English land law

English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is a major part of the wider English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002, and the European Convention on Human Rights. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.

Answer the following questions:

1. What is property Law in the UK?

2. What does property Law in the UK consist of?

3. What do you think makes the land issue so important in England and Wales?

4. Is the land property law the same in all countries of the UK? Explain why.

5. Where does land ownership have its roots?

6. Where do the modern law's sources derive from?

7. What does English land law involve at its core?

8. What privileges does having a property right create?

9. How much independent is land property law in England?

10. If you try to compare land property law in England and that in Russia, what conclusion can you make?

Task 2. Match the English notions with their Russian counterparts

1) England has the highest population density in Europe 2) It leaves around 2530 square metres per person. 3) English property lawrefers to the law of acquisition, sharing and protection of valuable assets in England and Wales. 4) Many elements of Scots property law are different from those of English. 5) Property in land is the domain of the law of real property. 6) Intellectual property is also an important branch of the law of property. 7) Ownership of land has its roots in the feudal system. 8) The modern law's sources derive from the old courts of common law and equity. 9) English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. 10) Having a property right in land matters because it creates privileges over other people's claims

а) Многие положения шотландского права собственности отличаются от положений английского права собственности. b) Наличие права владения землей имеет значение, поскольку оно создает преимущества перед притязаниями других людей. с) Интеллектуальная собственность также является важной составляющей права собственности. d) В Англии самая высокая плотность населения среди Европейских стран. e) Английское право собственности касается права на приобретение, распределение и защиту ценных активов в Англии и Уэльсе. f) Собственность на землю относится к области права на недвижимость. g) Английское земельное право включает приобретение, объём (доля) и порядок правопользования и обязательств лиц, заинтересованных в земле. h) Право владения землей уходит корнями в систему феодализма. i) На каждого жителя приходится около 2530 кв. метров. j) Источники современного права берут начало в старых судах общего права и права справедливости.

Task 3. Complete the following sentences with word combinations from the text above.

1) The area of land in England and Wales is _________.

2) The area of land in the United Kingdom is ____________ km2.

3) In 2010, over a third of the UK was owned by _________ families descended from ____________.

4) ____________ km2 was owned by the top three land owners, the National Trust Forestry Commission and Defence Estates. They held around...... km2. Crown Estate held around ___________ km2.

5) With 395 people per square kilometre, England ranks ___________.

Useful Words and Expressions for Speech Practice
exercisable- могущий быть использованным, осуществленным exercisable right - реальное /осуществимое/ право to acknowledge - (юр.) признавать подлинным; подтверждать достоверность possession - владение, обладание insolvent - несостоятельный; неплатежеспособный free of debt - свободный от долгов claim - требование; претензия; притязание; заявление, утверждение loss - убыток, ущерб, потеря proprietary right - право собственности to take priority – 1) предшествовать чему-либо; 2) пользоваться преимуществом чего-либо presumptively - (юр.) предполагаемый,предположительный beneficial ownership - собственность бенефициария		hereditaments- имущество, могущее быть предметом наследования advowson -право распределять приходы, бенефиции tenure- владение недвижимостью, землевладение; наследственное владение землей на базе феодальной зависимости; срок владения; срок пребывания (в должности): tenure of employment - срок трудового найма; срок службы; владение, собственность, имущество easement - практичность, удобство; (юр.) право прохода, проведения освещения и т. п. по чужой земле to grant an easement - давать право прохода по чужой земле trespass - злоупотребление, посягательство; (юр.) a) посягательство (на лицо, закон, права, принцип); нарушение (права); б) противоправное нарушение владения с причинением вреда; иск из нарушения владения в) причинение вреда; иск из причинения вреда

Task 4. Study the text below, making sure you fully comprehend it. Where appropriate, consult English-Russian dictionaries and/or other references & source books on law. Pay special attention to the words and word combinations in bold type.

Real property

Land law is also known as the law of real property. It relates to the acquisition, protection and conflicts of people's rights, legal and equitable, in land. This means three main things. First, " property rights " (in Latin, a right in rem) are generally said to bind third parties, whereas personal rights (a right in personam) are exercisable only against the person who owes an obligation. English law acknowledges a fixed number, or numerus claususof property rights, which create various privileges. The main situations where this distinction matters are if a debtor to two or more creditors has gone insolvent (i.e. bankrupt), or if there is a dispute over possession of a specific thing. If a person or a business has gone insolvent, and has things in their possession which are the property of others, then those people can usually take back their property free of anyone else's claims. But if an insolvent person's creditors are merely owed personal debts, they cannot take back their money freely: any losses have to be divided among all creditors. Often, creditors can contract for a proprietary right (known as a security interest) to secure repayment of debts. This gives the same result as having another proprietary right, so the secured creditor takes priority in the insolvency queue. Secured creditors, most usually, are banks and for most people the most familiar kind of security interest is a mortgage. In this way, property rights are always "stronger" than personal rights, even though they may be acquired by the same means: a contract. Most of the time, property rights are also stronger than personal because English courts have been historically more willing to order specific performance as a remedy for interference with property rights. People with personal rights, such as to the performance of a contract, are presumptively entitled to money in compensation, unless damages would be an inadequate remedy.

In its second main feature, English land law differs from civil law systems in the European Union, because it allows the separation of the "beneficial" ownership of property from legal title to property. If there is a "trust" of land, then trustees hold legal title, while the benefit, use and "equitable" title might belong to many other people. Legal title to real property can only be acquired in a limited number of formal ways, while equitable title can be recognized because of a person's contribution, or the parties' true intentions, or some other reason, if the law deems that it is fair and just (i.e. equitable) to recognize that someone else has a stake in the land.

The third main feature of the English law of real property is that "real" property (or "realty") means land, and the things that go with it, alone. This is classified as different to movables or other types of "personal" property (or "personalty"). The distinction matters mainly to define the scope of the subject matter, because there are different registration requirements, taxes, and other regulations for land's use. The technical definition of "land" encompasses slightly more than in the word's common use. Under the Law of Property Act 1925, section 205(1)(ix) says land means "land of any tenure, mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other hereditaments; also a manor, advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege or benefit in, over, or derived from land..." This cumbersome definition indicates two general ideas. First, land includes physical things attached to it (e.g. buildings and "hereditaments") and, second, intangible rights (like an easement, a right of way). Perhaps in aspiration of appearing scientific, lawyers have become accustomed to describing property in land as being "four dimensional". The two dimensional area of land surface, bounded by a fence, is complemented by rights over all buildings and "fixtures". This becomes most relevant in disputes after a contract to sell land, when a buyer alleges a thing was included in a sale, but a contract was silent on the specifics. In Holland v Hodgson Blackburn J. held that looms installed in a factory formed part of the land. Objects resting on the ground and "attached" only by gravity will not normally be part of the land, although it could be that the parties "intended" something different, or rather what the parties' reasonable expectations were. Easily removable things, like carpets and curtains, or houseboats, will not be land, but less easily removed things, like taps and plugs are. In the third dimension, as section 205(1)(ix) points out, mines and sub-surface things, belong to the surface owner, and up to a general limit of 500 feet, the landowner will have a right to the atmosphere above his land as well. Public policy sets the limit in both cases, so since the 16th century Case of Mines the Crown has a claim to valuable minerals or natural resources that are discovered, as well as valuable treasure. And in the other direction, aircraft or satellites that are sufficiently high are not considered to trespass, or infringe an owner's right to peaceful enjoyment. The fourth dimension of land to an English property lawyer, is time. Since 1925 English law recognizes two "estates" in land, or kinds of ownership interest: the "fee simple", which is a right to use for an unlimited time, and a "lease", which is an interest for a fixed period of time. In all situations, however, use of the land is constrained by agreements or binding rights with neighbours, and the requirements of the local council and government.

Answer the following questions:

1. What is another name for land law?

2. What aspects does English law of real property relate to?

3. What does English law say about the number of property rights?

4. What is the purpose of creditors' contracting for proprietary rights?

5. Why are property rights stronger than personal rights?

6. In what way does English land law differ from same in civil law systems?

7. What is the use of possessing a legal title to real property?

8. In what way can a legal title to real property be acquired?

9. What rights does an equitable title grant?

10. What is the distinction between “realty” and “personalty”?

11. Why does the distinction between “realty” and “personalty” matter?

Task 5. Look through the text above to complete and explain the following provisions.

1)...... a) property rights, b) the separation of the "beneficial" ownership of property from legal title to property, c) "real" property meaning 'land, and the things that goes with it'.

2)......that property rights are generally said to bind third parties, whereas personal rights are exercisable only against the person who owes an obligation.

3)...... if a person or a business has gone insolvent, and has things in their possession which are the property of others', then those people can usually take back their property free of anyone else's claims. But if an insolvent person's creditors are merely owed personal debts, they cannot take back their money freely: any losses have to be divided among all creditors.

4)...... any tenure, mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other hereditaments; also a manor, advowson, and a rent and other incorporeal hereditaments, and an easement, right, privilege or benefit in, over, or derived from land.

5)...... The two dimensional area of land surface, bounded by a fence, is complemented by rights over all buildings and "fixtures". The third dimension is mines and subsurface things up to a general limit of 500 feet, the atmosphere above his land as well. The fourth dimension is time.

Task 6. Match the notions and their definitions.

1. 'Insolvent' means 2. Security interest is 3. Equitable title is 4. Estate is 5. The ownership interests recognized by law are

· (a) a kind of ownership interest. · (b) "beneficial" ownership of property because of a person's contribution, or some other reason, if the law deems that it is fair and just. · (c) the "fee simple", which is a right to use for an unlimited time, and a "lease", which is an interest for a fixed period of time. · (d) bankrupt. · (e) a proprietary right to secure repayment of debts.

Task 7. Sum up and express your opinion on the following.

· The three main features of the English law of real property.

· The idea behind each of the land dimensions.

· The two general ideas indicated in land definition.

Debate: PROPERTY RIGHTS IN THE HUMAN BODY