Диссертация (972076), страница 40

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British Airways confirmed that it was (44) ____________ (to scale down) plans for analliance with the US because of the regulatory difficulties. The Company added that for a while it(45)________ (to press) the British government to reach an agreement with the US for a gradualliberalization of the US air market despite the EU Commission warning that bilateral deals with theUS (46)________ (to be) illegal. Most of the bilateral agreements (47) __________ (to sign) sincethen.

The EU Transport Commissioner (48) _________ (to say) that EU rules (49) _________ (torender) ineffective by such deals. “These individual agreements must (50) __________ (to write) intoa bigger deal”, the Commissioner said.№41.42.43.44.45.ANSWER SHEET*23246.47.48.49.50.QUESTIONS 51 – 60. Put the correct word into the sentences below. (10 points)A – practitionerB – detrimentC – dutiesD – instalmentE – IncotermsF – payrollG – trespassH – mortgageI – capacityJ – resignationAn insolvency (51) _____ is a person who is qualified to deal with the closing of a companywhen it cannot pay its debt.Your client failed to pay the due (52) ____ in February and his loan repayments are now1 500$ in arrears.When the parties to a contract exchange consideration, they must gain a benefit or some kindof a (53) _____.In most jurisdictions around the world there is a requirement that each party to a legallybinding agreement must have (54) ____ to contract.How many staff does you client have on the (55) _____ in his factory in India?The tort of (56) ____ is the act of going onto someone’s land without the person’s permission.The Buyer agrees to bear the cost of all transportation of the Goods and to additionally bearthe cost of any and all import (57) ______ .An (58) _______ is a pre-defined commercial term that the International Chamber ofCommerce publishes for the contractual parties to use in international transactions.In accordance with her employment contract she gave her employer a letter of (59) ______,in which she provided the required 4 weeks’ notice.A (60) _______ is a kind of security, usually in the form of giving a house, a building or landas security for a loan.№51.52.53.54.55.56.57.58.59.60.ANSWER SHEET*233PART III READING – (30 points)QUESTIONS 61 – 69.

Here is a telephone conversation between a lawyer and a client.The conversation is mixed up. Put the conversation in the correct order. (18 points)A. Well, it is, because it's necessary to go to the High Court to get one. However, I don't thinkthey have any chance of success, which means they're likely to be responsible for their costsand yours. They've got more money than sense if they go ahead with this.B. A little bit. They're both red and both have a capital letter in the middle.C. That's very good news. So, they can't get an injunction? They say in their letter that I'mresponsible for paying all the costs of obtaining one.

It sounds expensive!D. I see. The threat of an injunction seems silly at this early stage. Let's look at this step by step.Is it correct to say that SuperBurgers are a national fast-food restaurant selling burgers andyour local enterprise is a fast-food restaurant selling only curry? Or do you sell burgers aswell?E. Well that helps us a lot. You sell a completely different product and they have no real groundsto argue that you are 'passing off in any way. That means that you're not trying to make thepublic believe that your products come from them. What about your logo? Is it similar to theirsin design or colour?F.

Thank you. I feel much better already.G. OK. It may be a good idea to change that a little bit to make it clear that you're not connectedto them in any way. But I think you can relax. I don't think theycan stop you using the name. There's a lot of case law to support us with this.H. No, we don't. We employed a fantastic Indian chef when we set up the business andwe offer fast, take-away curry. That's all we sell.I.

Hello, Mr Stanfield. Thank you for taking my call at such short notice. I have an emergency.This morning I received a threatening letter from the legal department of SuperBurgers, thebig restaurant chain. They say the name of my new restaurant, SuperCurries, is aninfringement of their trademark. They say I must stop using it or they 'II ask for an injunction.№ANSWER SHEET*61.62.63.64.65.66.67.68.69.QUESTIONS 70-75. Read the following extract from a letter of lawyer to a client. Choosethe best sentence to fill each of the gaps.

For each question mark one letter (A - I) on youranswer sheet. Do not use any letter more than once. There is one extra sentence which you donot need to use. (12 points)You have requested advice regarding your legal position in a suit filed against you by JermainEquipment Co. (the "Claimant") related to an equipment rental agreement. You have been sued fordamages based on an alleged breach of contract.234A summary of the facts as you have provided them are as follows.

You are a shareholder inRichardson (the "Company"). Some time in November, the Company's managing director enteredinto an equipment rental agreement with the Claimant. (70) _______. You have been sued personallybased 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'slegal status and your personal liability.

I have reviewed the Articles of Incorporation of the Companyand, in my opinion, pursuant to the laws of this jurisdiction, the Company might be considered as nocompany at all. This is because its purported formation was deficient as the Articles did not complywith the relevant statutes and no certificate of incorporation had been issued at the time of contract(71)_______.The issue of your personal liability primarily hinges on whether the court accepts this view.

Inthe case that the Company is deemed a company in fact, you will, of course, be insulated fromliability (72) __________.However, it might be efficacious to argue another modern development in the law. Thetraditional view in this jurisdiction is that all of the "shareholders" in a would-be company may beheld personally liable for debts incurred in the name of the company (73) ________.In this context, the idea is that passive "shareholders" should not incur liability due to thefailure of the managing "shareholders" to act competently. On the other hand, the traditional viewseems to prevail perhaps due to the ease of its application. (74)_________Judges tend to support thetraditional approach as, in practice, they are likely to spend less time in court.

I would thereforeanticipate 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 arguethat a would-be company was improperly formed when at all times it dealt with the undertaking asif it were validly formed. (75)____________.In my opinion this argument represents the bestpossibility for you to avoid personal liability. However, its success depends on the evidencepresented, 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'sparticipation.B. As a result of this action, the interpretation of the clause of the original agreement relating torental payments became a matter of dispute.C. However, there is an argument, increasingly supported by judges and prominent legalscholars, that provided the inadequacy is later cured, as it was in this case, the would-becompany 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 tobe 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 theequipment.G. However, there is a significant development in the law towards allowing claims only againstthose who actively participated in the management of such a company.№70.71.72.73.74.75.ANSWER SHEET*235PART IV LISTENING - (30 points)QUESTIONS 76-85.

Listen to this conversation between two lawyers. For each of thestatements below answer TRUE or FALSE. You will hear the recording twice. (20 points)76. Both of these lawyers saw the news at a 7.30 am meeting.77. BSkyB wanted to charge Karen Murphy £720 a year to show live Premiership footballmatches in her bar.78. The decoder Karen Murphy purchased was allegedly made in Greece.79. BSkyB sued Karen Murphy when they discovered she was using a foreign decoder.80. A British court fined Karen Murphy £8,000.81. If a game of football is shown on TV as part of a presentation, the entire TVprogramme could give rise to copyright issues.82. The European Court of Justice ruling led to a fall in the share value of Sky.83.

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