In general, contracts may be oral or written. They may even be implied from conduct. In every days life most contracts are oral. Many of contracts are made by telephone. Some contracts are made and carried out in a single face-to-face conversation. For example, in the sale or purchase of goods, payment for services the agreement is made. A person may take a job, rent an apartment, and enter many other business agreements without the formality of writing a contract. Sometimes conduct alone is sufficient. For example, a person may stop a bus, board it, deposit the proper coins, and later get off. No words are spoken or written by either passenger or driver, yet there is a valid contract. There are, however, certain important kinds of contracts which will not be enforced in court unless some properly signed writing proves their existence.
Even when a written contract is not required by law, it is often wise to put the agreement in writing and have a signed copy for each party. This is particularly true if the agreement is complex and contains many details, which could lead to later misunderstandings. It also is important when large sums of money or long periods of time are involved. In such cases, it is advantageous for both parties to express their intentions with reasonable precision in written form. In this way, the agreement can be easily referred to or readily proved if necessary. The chance of later confusion or disagreement is greatly reduced. Neither party can effectively deny having agreed to particular terms. Also, the process of putting ideas into writing encourages the parties to anticipate and provide for problems that could arise later. It is usually easier to settle such matters before either party signs and while both parties are 
inclined to compromise in order to conclude the agreement. Later, each party tends to demand strict performance of the terms.
Put the verbs in brackets into the proper tense forms, translate the sentences into Ukrainian.
Breach of a Contract
When a contract 1 (to make), the parties take on certain duties or obligations. Discharge of contract (termination of obligations) 2 (to occur) when one party 3 (not perform) the contract as promised, or when parties 4 (to release) from their responsibilities by the other parties or by law. Generally contracts 5 (to discharge) by performance. Partial performance 6 (not discharge) the obligation. Frequently, complex contracts 7 (to discharge) by substantial performance. This 8 (to occur) when there 9 (to be) only a minor modification or failure to fulfill all terms of the contract. The performance 10 (to be) incomplete but substantial. An appropriate allowance 11 (to make) in the amount to cover the deviation. If the deviation 12 (to deliberate), the suffered party may treat it as a breach. Failure to perform contractual clauses 13 (to be) a breach of contract; this 14 (to give) the suffered party the right to cancel the agreement. Sometimes a party who defaults (fails to perform obligations) 15 (to notify) the other party about impossibility to perform any article of the contract. This 16 (to call) an anticipatory breach of contract. The suffered party may 17 (to wait) the promised time of performance, or it may 18 ( to treat) the default as a breach of contract and immediately sue for damages.
|
|
|
3. Read and translate the following document. What type of contract does it refer to? Write your own sentences with word-combinations printed in bold.
EMPLOYEE NONCOMPETITION AGREEMENT
For good consideration and as an inducement for ____________ (Company)
to employ_______ (Employee), the undersigned Employee hereby agrees not directly or indirectly to compete with the business of the Company and its successors and assigns during the Employee's period of employment and for a period of _________ years following termination of the Employee's employment and notwithstanding the cause or reason for termination of the Employee's employment.
The term "not compete" as used in this document shall mean that the Employee shall not own, manage, operate, consult or be employed in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of the Employee's employment.
The Employee acknowledges that the Company shall or may in reliance on this agreement provide Employee access to trade secrets, customers, and other confidential data and goodwill. Employee agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same information to any third party.
This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
Signed this _____________ day of ____________ (year)
(Company) __________________________________________________________
(Employee)__________________________________________________________
