Task 5. Translate into Russian.

1. Without adequate sanctions the procedure for discovery would often be ineffectual. Under Rule 37 [of the Federal Rules of Civil Procedure], … any party or person who seeks to evade or thwart full and candid discovery incurs the risk of serious consequences, which may involve imprisonment for contempt of court, an order refusing the delinquent party the right to support or oppose designated claims or defenses, striking out pleadings or parts of pleadings, rendering judgement by default, dismissal of the action or a claim therein, or assessment of expenses an attorney’s fees. Sanctions are intended to prompt a party to respond. 2. Acceptance means communicated acceptance. It must be something more than a mere mental assent. This use of the word ‘communicated’ is open to some objection. To very many persons the word means that knowledge has been received. Frequently a contract is made even though the offeror has no such knowledge. In such case the acceptance is not ‘communicated’ and yet it consummates the contract. 3. A condition is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.

Task 6. Fill in the appropriate article.

1. Acceptance of … conveyance or of … document containing … promise is a manifestation of assent to … terms thereof made, either before or after delivery, in accordance with any requirements imposed by … grantor or promisor. If … acceptance occurs before delivery and is not binding as … option contract, it is revocable until the moment of delivery. 2. … offer is, in effect, … promise by … offeror to do or abstain from doing something, provided that … offeree will accept … offer and pay or promise to pay … ‘price’ of … offer. … price, of course, need not be … monetary one. In fact, in bilateral contracts … mere promise of payment of … price suffices to conclude … contract, while in … unilateral contract it is … actual payment of … price which is required. 3. Where … criminal assault has been given this dual scope, … definition in terms of ‘ … attempt or offer’ to commit … battery is assumed to represent both grounds. … word ‘offer’ it is said, signifies … threat that places … other in reasonable apprehension of receiving … immediate battery. It would be … mistake, however, to assume that … word carried any such significance when it first appeared in … definition of this offense. In one of its meanings, ‘offer’ is … synonym of ‘attempt’. 4. … reasonable man connotes … person whose notions and standards of behaviour and responsibility correspond with those generally obtained among ordinary people in our society at … present time, who seldom allows his emotions to overbear his reason and whose habits are moderate and whose disposition is equable. He is not necessarily … same as … average man – … term which implies … amalgamation of counter-balancing extremes. 5. This term condition is generally used to describe any fact, subsequent to the formation of … contract, which operates to make … duty of … promisor immediately active and compelling. Such … fact may be described as such in … term of the contract or it may not. In either event, … term of … contract should not itself be called … condition. … It is not uncommon, popularly, to speak of … condition of … contract as synonymous with term or provision of … contract. This should be avoided.

Part 2