There is an example at the beginning (0)

Итоговый тест для ЮР-20м з 2020-2021 уч.год

TASK 1

Questions 1 − 6

Read the following extract from a reference book on contracts.

Choose the best word or phrase to fill each gap from A, B, C or D below.

For each question 1 − 6, mark one letter (A, B, C or D).

There is an example at the beginning (0).

 Incapacity in General

Even though individuals differ markedly in their ability to represent their own interests in the bargaining process, a person is generally (0)..... С.......... to have full power to bind himself contractually. Only in extreme (1)............... is one’s power regarded as impaired because of an inability to participate meaningfully in the bargaining process. One whose power is so impaired is said to lack capacity to contract and is (2)............... to special rules that allow him to avoid the contracts that he makes in order to protect him from his own improvident acts.

Two principal kinds of defects are today (3)............... as impairing the power to contract: immaturity and mental infirmity. In the past, the common law regarded a woman’s marriage as (4)............... her of her separate legal identity, including the capacity to contract, during the life of her husband. (5)..............., this disability was largely removed by statutes (6)............... in the nineteenth century.

 

0: A concluded B surmised C assumed D implied

 

1	A	stages	B	junctures	C	occasions	D	circumstances
2	A	subject	B	conditional	C	liable	D	open
3	A	granted	B	recognized	C	conceded	D	appreciated
4	A	depriving	B	debarring	C	dissolving	D	dismissing
5	A	For example	B	In particular	C	However	D	Consequently
6	A	realized	B	ruled	C	legislated	D	enacted

 

 

TASK 2

Read the following extract from a journal article about competition.

Think of the best word to fill each gap.

For each question 1 − 12, write one word in CAPITAL LETTERS on your answer sheet.

There is an example at the beginning (0 - THERE)

 

PRINCIPLES OF COMPETITION

Invariably in every law (0)... THERE............ are provisions which tend to be overlooked. The Commercial Agents Regulations are no exception. Ten cases concerning the Regulations have reached the UK courts since 1994, but (1)............... of them has concerned the provisions which deal with an agent competing against his or her principal. (2)............... part this can be attributed (3)............... the fact that the other provisions of the Regulations have had (4)............... a great effect on agency law that the non-compete provisions may seem to pale into insignificance. But principals who overlook these regulations (5)............... so at their peril.

It has always (6)............... open to a principal to include a non-compete provision in an agency contract. The most important consideration here is whether a provision of this nature might be void (7)............... a result of infringing the common law doctrine of restraint of trade. (8)............... it is fairly easy to determine the legality of restrictions which are either extremely harsh in terms (9)............... their geographical extent and duration (10)............... quite lenient, the question of (11)............... to treat a moderate non-compete provision can be hard to resolve. In practice, (12)............... that can be said with certainty is that the narrower the restriction, the greater the chance of enforceability.

 

TASK 3

Read the following legal opinion concerning an alleged breach of contract.

Choose the best sentence from the opposite page to fill each of the gaps.

For each gap 1 − 6, mark one letter (A − H).

Do not use any letter more than once.

There is one extra sentence which you do not need to use.

There is an example at the beginning (0).

 

You have requested a legal opinion regarding your legal position in a suit filed against you by Jermain Equipment Co. (the “Claimant”) related to an equipment rental agreement. You have been sued for damages based on an alleged breach of contract.

This opinion and the statements expressed herein should not be construed in any way as conclusive or indicative of our future opinions and views. (0)....H...........

A summary of the facts as you have provided them are as follows. You are a shareholder in Richardson (the “Company”). Some time in November, the Company’s managing director entered into an equipment rental agreement with the Claimant. (1)............... You have been sued personally based on the allegation that the company was improperly formed.

In such situations, the law is not completely clear as to the issues concerning the Company’s legal status and your personal liability. I have reviewed the Articles of Incorporation of the Company and, in my opinion, pursuant to the laws of this jurisdiction, the Company might be considered as no company at all. This is because its purported formation was deficient as the Articles did not comply with the relevant statutes and no certificate of incorporation had been issued at the time of contract. (2)...............

The issue of your personal liability primarily hinges on whether the court accepts this view. In the case that the Company is deemed a company in fact, you will, of course, be insulated from liability. (3)...............

However, it might be efficacious to argue another modern development in the law. The traditional view in this jurisdiction is that all of the “shareholders” in a would-be company may be held personally liable for debts incurred in the name of the company. (4)............... In this context, the idea is that passive “shareholders” should not incur liability due to the failure of the managing “shareholders” to act competently. On the other hand, the traditional view seems to prevail perhaps due to the ease of its application. (5)............... Judges tend to support the traditional approach as, in practice, they are likely to spend less time in court. My legal opinion is therefore that an argument endorsing the modern approach will not be warmly received by the court.

There is one final argument you could raise. It is based on the concept that a party cannot argue that a would-be company was improperly formed when at all times it dealt with the undertaking as if it were validly formed. (6)............... In my opinion this argument represents the best possibility for you to avoid personal liability. However, its success depends on the evidence presented, which means that a more detailed investigation of the facts is required.

 

A    Specifically, it obviates the need for an in-depth factual analysis of the shareholder’s participation.

 

B   As a result of this action, the interpretation of the clause of the original agreement relating to rental payments became a matter of dispute.

 

C  However, there is an argument, increasingly supported by judges and prominent legal scholars, that provided the inadequacy is later cured, as it was in this case, the would-be company should be given the status of a company in fact at the time of contract.

 

D In a case of this nature, it would operate as an injustice to permit such a contention to

be advanced.

 

E If not, your chances of avoiding liability are greatly diminished.

 

F The Company has failed to make contractual payments despite receiving and using

the equipment.

 

G However, there is a significant development in the law towards allowing claims only against those who actively participated in the management of such a company.

 

H That is to say, facts and circumstances may come to light which would require us to significantly modify this opinion.

 

 

TASK 4