English for the Legal Profession
unconscionability. If a contract is made against public policy, it is often said to be uncouscounable and therefore unenforceable.
The form of contract may also affect its validity. Apart from special contracts (such as negotiable instruments and insurance contracts) which must be in writing, contracts which fall under the old English Statutes of Frauds also need a signed writing. This applies to, among others, 1) promises to pay the debts of another; 2) contracts concerning real property; 3) promises in contracts not to be performed within one year; and 4) contracts of sale exceeding $ 500. If contractual promises fall under the statutes of frauds, suit will lie only if there exists a writing by the party who resists performance which documents his contractual obligation.
In addition to being valid, void, voidable, and unenforceable, contracts may be classified in various other ways. A contract is either bilateral (a promise for a counterpromise) or unilateral (a promise for performance). A contract may be referred to as executed (one fully performed by the contracting parties) or executory (one that is yet to be performed). A contract may also be express, implied-in-fact, or implied-in-law. An express contract occurs when the parties state their agreement orally or in writing. When the parties manifest their agreement by conduct rather by words, it is said to be implied-in-fact. Implied-in-law contracts are quasi-contracts, because the obligation is created by law in absence of agreement, to prevent unjust enrichment.
The bulk of American contrast law is judge-made case law. Special areas of contract law such as labor law and insurance law have been partially codified, but even in these areas the primary source of applicable legal principles are found in the written opinions of the courts.
The Uniform Commercial Code brings some contracts under its provisions. However, the scope of its applicability is limited. For our purpose it is sufficient to know that sales contracts are governed by the Code. Most other contracts (general business, real property, employment, construction and the like) still follow the common law rules as developed in cases.
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References
Gibbons, John. Forensic Linguistics: An Introduction to Language in the
Justice System, 2003.
Gibbons, J. (1998). \
Bulletin 10, 5. 33-36 & 40.
Gibbons, John (ed.), 1994. Language and the Law. London: Longman.
Language and the law: A Bibliographic Guide to Social Science Research in
the USA. Levi, J.N. 1994. Chicago: American Bar Association.
Language Crimes: The Use and Abuse of Language Evidence in the
Courtroom / Roger W. Shuy
Language in Judicial Process/ed. By Judith N. Levi and Anne Graffam Walker.
New York: Plenum Press. C1990
董世忠，赵建. 1997. 法律英语. 上海：复旦大学出版社.
杜金榜. 2005. 法律英语核心教程(一，二，三册). 北京：对外经济贸易大学 杜金榜. 2005. 法律英语阅读教程(一，二，三册). 北京：对外经济贸易大学 李秀立. 2006. American Legal English----Using Language in Legal Contexts.
北京：世界图书出版公司
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