contract law

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Question English Answer English
offer means
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a proposal, the terms of which are certain
acceptance (zgoda) means
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an unconditional agreement to what is proposed by the other party
offeror (robi ofertę) means
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A person who makes an offer
offeree (odbiera ofertę) means
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A person who receives an offer
precedent (precedens) means
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A decision of a judge in an earlier case that other judges must follow if the circumstances of the situations are the same or similar
case (proces, argument) means
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A set of arguments in a situation that might become legal or is already legal in nature
contract means
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A legal agreement made between two or more parties
obliged (zobowiązany) means
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that you must do something. It is necessary to do it
unconditional - bezwarunkowy
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absolute, without any doubts or suggestions of change
no good - nieodpowiednie
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an informal way of saying not suitable or not acceptable
parties - strony
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the people who have entered into a contract or the people involved in a dispute
acceptance of an offer cannot be made
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by silence
precedent comes from what is called the
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common law
the common law covers both
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criminal and civil court decisions
the common law is
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one of the main sources of law in England and the USA
recorded
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judge's decisions written down
binding (wiążący, obowiązujący)
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A statement of law can become binding upon later judges and can become the law for everyone to follow
sąd pierwszej instancji
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courts of first instance
the pronouncement must form what is called the ratio decidendi (wiążąca cześć wyroku sądowego)
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the reasoning behind the decision. This is the part of the judge's words that provides the legal reasoning for his or her decision
obiter dictum (nie tak ważne do wyroku, niewiążąca opinia)
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everything else the judge says. Is something that is not really necessary for the legal basis for the decision. Only the ratio decidendi is binding
distinguishable (odróżnialny od) means
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that the case is so different that the precedent does not apply in this particular situation
A source of law
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A place where law comes from, for example, a civil code
A body of laws
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A collection of law. All of them together
A pronouncement
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an old-fashioned word meaning a judge's word at the end of a case giving his or her decision
A principle of law (zasada prawa)
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an accepted idea that forms part of the law
A factor (czynnik)
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something that is important to consider when making a decision
relevant (istotny)
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of significance or importance to a particular situation
account (projekt ustawy, faktura)
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when the word is used in this way it means a bill or an invoice that someone must pay
4 elements of an English contract are from the common law
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~offer ~acceptance ~consideration ~intention
przedawnienie, wygasła
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lapsed
kontr oferta
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counter offer
odrzucona
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rejected
odwołana
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revoked
świadczenie
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consideration
zaniechanie
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forbearance
obustronne
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reciprocal
consideration is
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what one party promises to give to, or promises to do for, the other party. Both parties need to provide consideration to make a contract valid
consideration is usually one of the following things:
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~a promise to do something ~a promise not to do something in the future (sometimes called forbearance) ~goods ~services ~money
consideration is positive in nature
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you gain a benefit
consideration is negative in nature
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party suffer a detriment
uszczerbek
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detriment
zamierzać
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intend
stosunek, współczynnik, wskaźnik
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ratio
statute (statut, ustawa)
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a law made by Parliament
judges make the common law but
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Parliament creates statutes
The House of Commons
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this is the most powerful of Parliament's two chambers. These chambers are usually known as Houses, members are elected when the whole country votes in a general election. These members of the House are called MPs. A statue begins in this House
The House of Lords
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This is Parliament's second chamber. It's main function is to check new laws, which were proposed in the House of Commons. Members are appointed
The Monarchy
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Head of State. giving a Royal Assent. The last monarch to reject a proposed statute was Queen Anne, who died in 1715
There are three words for the law made by Parliament
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~Statute (statutory law) ~Acts of Parliament ~Legislation (collective word for all the laws Parliament creates)
A transaction
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is a piece of business, such as buying or selling something
to cover something
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is to deal with, or include something
A restriction (ograniczenie)
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is a limit that is put on something
if you have liability (odpowiedzialność prawna) for something
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it means that you have legal responsibility for it
the terms of a contract
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are it's contents. It means the conditions and duties that you agree to perform when you enter into the contact
to place a restriction upon someone
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is to put limits upon what they are allowed to do
terms
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all of the duties and conditions contained in a contract ~words and expression
term
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A single duty or condition contained in a contract, it is sometimes called provision ~the duration of a contract
third party
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someone who is not one of the two main parties involved in a contract or a particular situation
jurisdiction (sądowa ochrona praw prywatnych)
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legal power over a geographical area or people
condition (warunek)
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something that you have to do in order for something else to happen
entire (cały)
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complete or whole
disclose (ujawniać)
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tell
sprzeczne
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contrary to (against)
przestrzegać
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comply with
nieważny
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void (empty)
wykonalne
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enforceable
zdolność do zawierania umów
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capacity to contract
when a person signs a contract they must be:
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~old enough to consent (zgoda) say yes to it ~not mentally ill ~not drunk or using drugs
dobrowolnie
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voluntarily
pod presją
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under duress (pressure)
A contract may be:
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~written ~oral (spoken) ~in the form of a deed
akt prawny, notarialny
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A deed is sometimes called a contract under seal
dotacja
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donation
suma
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sum
discharged
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when a contract comes to an end we say that the contract is discharged
złamać contract
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breach
claimant
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the injured party
defendant
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the party in breach
claimant (powód)
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it is the person who starts the legal action
defendant (pozwany)
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is is the person who the claimant is making a claim against
sue mean
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to start an action against someone in the civil court
defective (wadliwy)
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it means faulty - not working correctly
direct loss (bezpośrednia strata)
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it is something that you suffer as a direct result of the breach of contract
consequential loss (pośrednia, wynikowa strata)
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it is something that you suffer as an indirect result of the breach of contract

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