One Minute of Legal English

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Liquidated damages


Jul
19
2017

Liquidated damages is a concept that often results in confusion when used in continental law. This article aims at clarifying the difference between liquidated damages and penalty, and to advise on the correct terminology in situations when a delay or non-performance is sanctioned under the civil law. Liquidated damages is a common law term which means that the parties agree on a sum to be paid if a party fails to fulfill an obligation. It also means that if the concept of liquidated damages is applied, then the defaulting party must...


Tags: liquidated damages, penalty
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Usage of consent


Jul
13
2017

The word consent is often used incorrectly in legal documents, both as a word and as a noun. This entry aims to provide practical help regarding the use of this word to those who draft various types of legal text in English. 1. Usage of consent as a noun As a noun, “consent” is a notion, usually in the form of a document or expressed orally, in which one gives permission for something to happen or agrees to something to be done. In practice, I perceive it as giving green light to an act to be performed by someone else. It can be...


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6 Terms for Judicial Decision


Apr
08
2016

Recently, my students have asked me about what terms there are to be used when we are talking about decisions made by courts. There are a number of terms and it is extremely important not to confuse them, so I decided to write an article summing up the possibilities to help you decide what to use and when to use it. 1. Decision The most comprehensive term for the decision that a court makes is the term „decision” itself. The decision includes all the formal determinations that a judge or legislator makes in a certain matter. In...


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5 Contract Drafting Tips to Non-Native Speakers of English


Nov
03
2015

Drafting contracts is an activity that lawyers are engaged in on a daily basis. Writing correct and accurate contracts is of utmost importance, as one mistake in a contract can lead to serious consequences. To avoid this, we have gathered 5 tips in this article to help you master your contract drafting skills and thus produce agreements that comply with the highest demands in terms of quality. 1. Conciseness The Civil Code of California introduced a “maxim” stating that "superfluity does not vitiate". It is a reference to what we are...


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Conference in Warwick 2


May
29
2015

The last EULETA conference was held in Warwick, England. We spent two days together actively conferring and networking in an intensive environment. The programme was held partly in plenary sessions, partly in sections where a choice of two options was provided. The presentations were focused mainly on training methodology and materials, as well as sharing experiences; new publications were also presented. My presentation took place on Saturday, after lunchtime. The subject was the use of internet-based materials. I had worked on a database of...


Tags: legal English conference, civil law, common law
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Conference in Warwick 1


May
25
2015

It is good to participate in conferences. No doubt, conferences are the most convenient and effective way of forging new business connections. However much you know, you can always learn something new. At least that is what usually happens to me. If you live in a western European city, you are part of the general circulation of business life. But if you live on the periphery, you do not as much have your finger on the pulse of activity. For those of us living in eastern/central Europe, we first need to cross our borders to do some real...


Tags: legal English conference, civil law, common law
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