Legal English
MMW01P
Silke Begine
Academiejaar: 2025-2026
OPO: Legal English
Lector: Stijn de Waele
,Samenvatting Legal English, Silke Begine
Unit 2: Contract law
Reading 1: contract law
Contract law deals with promises which create legal rights. In most legal
systems, a contract is formed when one party makes an offer that is accepted
by the other party. Some legal systems require more, for example that the
parties give each other, or promise to give each other, something of value. In
common- law systems, this promise is known as consideration. In those
systems, a one-sided promise to do something (e.g. a promise to make a gift)
does not lead to the formation of an enforceable contract, as it lacks
consideration.
When the contract is negotiated, the offer and acceptance must match each
other in order for the contract to be binding. This means that one party must
accept exactly what the other party has offered. If the offer and acceptance do
not match each other, then the law says that the second party has made
a counter-offer (that is, a new offer to the first party which then may be
accepted or rejected).
For there to be a valid contract, the parties must agree on the essential
terms. These include the price and the subject matter of the contract.
Contracts may be made in writing or by spoken words. If the parties make a
contract by spoken words, it is called an oral contract. In some jurisdictions,
certain special types of contracts must be in writing or they are not valid (e.g.
the sale of land).
Contracts give both parties rights and obligations. Rights are something
positive which a party wants to get from a contract (e.g. the right to payment
of money). Obligations are something which a party has to do or give up to get
those rights (e.g. the obligation to do work).
When a party does not do what it is required to do under a contract, that party
is said to have breached the contract. The other party may file a lawsuit
against the breaching party for breach of contract. The non-breaching
party (sometimes called the injured party) may try to get a court to award
damages for the breach. Damages refers to money which the court orders the
breaching party to pay to the non-breaching party in compensation. Other
remedies include specific performance, where a court orders the breaching
party to perform the contract (that is, to do what it promised to do).
A party may want to transfer its rights under a contract to another party. This is
called an assignment. When a party assigns (‘gives’) its rights under the
contract to another party, the assigning party is called the assignor and the
party who gets the rights is called the assignee.
2
,Samenvatting Legal English, Silke Begine
1. What is necessary for a valid contract to be formed?
A contract is formed when one party makes an offer that is accepted by the
other party.
2. Which two remedies following a breach of contract are mentioned?
The non-breaching party can try to get a court to award damages for the
breach.
The court can order the breaching party to perform the contract, this is called
specific performance.
A party can transfer its rights under a contract to another party, this is called
an assignment.
3. Are following statements true or false?
1) In all legal systems, parties must give something of value in order for a
contract to be formed. F
2) An offer must be met with a counter-offer before a contract is agreed. F
3) Oral contracts are not always valid. T
4) If in breach, the court will always force the party to perform the contract. F
5) Assignment occurs when one party gives its contractual rights to another
party. T
4. Complete these sentences using the following words: breach,
counter-offer, damages, formation, obligations, oral contract, terms.
1) Usually, contract formation occurs when an offer is accepted.
2) A new offer made by one party to another party is called a counter-offer.
3) The price and the subject matter of a contract are the essential terms of a
contract.
4) A contract which is not in written form but has been expressed in spoken
words is called an oral contract.
5) Under a contract, a party has obligations (that is, certain things it has to
do).
6) When a party does not do what is has promised to do under a contract, it
can be sued for breach of contract.
7) A court can award damages to the non-breaching party.
5. Match the verbs with the following nouns: an offer, a contract,
damages, a lawsuit.
1) Accept an offer
2) Award damages
3) Breach a contract
4) Enforce a lawsuit
5) File a lawsuit
3
, Samenvatting Legal English, Silke Begine
6) Form a contract
7) Make an offer
8) Negotiate damages (?)
9) Perform a contract
10) Reject an offer
Reading 2: remedies for breach of contract
If a contract is broken, the injured party might be expected to demand any of
the following:
• to have what they gave returned to them (‘restitution’)
• compensation for their loss (‘damages’)
• the other party to be forced to perform the contract (‘specific performance’)
In the common-law tradition, damages is the usual remedy that a court awards
for a broken contract. Restitution and specific performance are available only in
certain circumstances.
1. What does the word ‘remedy’ in the text mean?
A solution that the court might ask from the breaching party in a conflict
where a contract was breached.
2. What is the most common remedy for breach of contract in the legal
systems of English-speaking countries?
Compensation for their loss, also known as damages.
Speaking 1: terminology
Damages Assignor The non-breaching party
Specific performance Assignee The injured party
Restitution The breaching party Remedy
4
MMW01P
Silke Begine
Academiejaar: 2025-2026
OPO: Legal English
Lector: Stijn de Waele
,Samenvatting Legal English, Silke Begine
Unit 2: Contract law
Reading 1: contract law
Contract law deals with promises which create legal rights. In most legal
systems, a contract is formed when one party makes an offer that is accepted
by the other party. Some legal systems require more, for example that the
parties give each other, or promise to give each other, something of value. In
common- law systems, this promise is known as consideration. In those
systems, a one-sided promise to do something (e.g. a promise to make a gift)
does not lead to the formation of an enforceable contract, as it lacks
consideration.
When the contract is negotiated, the offer and acceptance must match each
other in order for the contract to be binding. This means that one party must
accept exactly what the other party has offered. If the offer and acceptance do
not match each other, then the law says that the second party has made
a counter-offer (that is, a new offer to the first party which then may be
accepted or rejected).
For there to be a valid contract, the parties must agree on the essential
terms. These include the price and the subject matter of the contract.
Contracts may be made in writing or by spoken words. If the parties make a
contract by spoken words, it is called an oral contract. In some jurisdictions,
certain special types of contracts must be in writing or they are not valid (e.g.
the sale of land).
Contracts give both parties rights and obligations. Rights are something
positive which a party wants to get from a contract (e.g. the right to payment
of money). Obligations are something which a party has to do or give up to get
those rights (e.g. the obligation to do work).
When a party does not do what it is required to do under a contract, that party
is said to have breached the contract. The other party may file a lawsuit
against the breaching party for breach of contract. The non-breaching
party (sometimes called the injured party) may try to get a court to award
damages for the breach. Damages refers to money which the court orders the
breaching party to pay to the non-breaching party in compensation. Other
remedies include specific performance, where a court orders the breaching
party to perform the contract (that is, to do what it promised to do).
A party may want to transfer its rights under a contract to another party. This is
called an assignment. When a party assigns (‘gives’) its rights under the
contract to another party, the assigning party is called the assignor and the
party who gets the rights is called the assignee.
2
,Samenvatting Legal English, Silke Begine
1. What is necessary for a valid contract to be formed?
A contract is formed when one party makes an offer that is accepted by the
other party.
2. Which two remedies following a breach of contract are mentioned?
The non-breaching party can try to get a court to award damages for the
breach.
The court can order the breaching party to perform the contract, this is called
specific performance.
A party can transfer its rights under a contract to another party, this is called
an assignment.
3. Are following statements true or false?
1) In all legal systems, parties must give something of value in order for a
contract to be formed. F
2) An offer must be met with a counter-offer before a contract is agreed. F
3) Oral contracts are not always valid. T
4) If in breach, the court will always force the party to perform the contract. F
5) Assignment occurs when one party gives its contractual rights to another
party. T
4. Complete these sentences using the following words: breach,
counter-offer, damages, formation, obligations, oral contract, terms.
1) Usually, contract formation occurs when an offer is accepted.
2) A new offer made by one party to another party is called a counter-offer.
3) The price and the subject matter of a contract are the essential terms of a
contract.
4) A contract which is not in written form but has been expressed in spoken
words is called an oral contract.
5) Under a contract, a party has obligations (that is, certain things it has to
do).
6) When a party does not do what is has promised to do under a contract, it
can be sued for breach of contract.
7) A court can award damages to the non-breaching party.
5. Match the verbs with the following nouns: an offer, a contract,
damages, a lawsuit.
1) Accept an offer
2) Award damages
3) Breach a contract
4) Enforce a lawsuit
5) File a lawsuit
3
, Samenvatting Legal English, Silke Begine
6) Form a contract
7) Make an offer
8) Negotiate damages (?)
9) Perform a contract
10) Reject an offer
Reading 2: remedies for breach of contract
If a contract is broken, the injured party might be expected to demand any of
the following:
• to have what they gave returned to them (‘restitution’)
• compensation for their loss (‘damages’)
• the other party to be forced to perform the contract (‘specific performance’)
In the common-law tradition, damages is the usual remedy that a court awards
for a broken contract. Restitution and specific performance are available only in
certain circumstances.
1. What does the word ‘remedy’ in the text mean?
A solution that the court might ask from the breaching party in a conflict
where a contract was breached.
2. What is the most common remedy for breach of contract in the legal
systems of English-speaking countries?
Compensation for their loss, also known as damages.
Speaking 1: terminology
Damages Assignor The non-breaching party
Specific performance Assignee The injured party
Restitution The breaching party Remedy
4
