跟讀練習: Introduction to Contract Law - 通過影片學習英語口語
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114 句
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Hello everybody and welcome to our first lesson in the study of contract law.
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In this lesson what we're going to do is take an
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introduction to the subject of contract law looking at the importance of it within the general legal system of England
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and Wales and then we're also going to outline the structure and the scope for this series in more detail.
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This is the first lesson in terms of our subject and our study of contract law.
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We'll take an advanced analysis of the study of contract law in this series of lessons.
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It's going to be a lot of lessons.
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We're going to be taking a long time to really get into a lot of detail.
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And in this lesson specifically, however, we're going to introduce some basic themes and ideas.
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So essentially defining a contract, looking at the importance of the contract within everyday life,
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and then talking about the fundamental characteristics of the contract before
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going on to having a look at the scope of this series of lessons.
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So ultimately the question that needs to be asked here is the question of what actually is a contract.
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Now one of the things that's quite interesting is despite the fact
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that you might not know what a contract is at the moment, contracts are potentially where individuals within society have the greatest interaction with law.
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So for example contracts are made, tens of thousands of contracts are made every single day for all kinds of purposes.
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So some of these purposes might include very small things, such as the purchase of an item from a shop.
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They could also include very large things like the signing of a lease on a property,
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something that would actually commit you to a significant sum of financial liability,
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as well as a significant period of time managing and owning or at least being the leasehold owner of a particular property.
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So ultimately the conclusion to this point is
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that essentially there are tens of thousands of contracts
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which are formed on a day-to-day basis
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and for the most part for the most part there are very few problems with these contracts.
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Of the tens of thousands of contracts which are formed every single day
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some of them being very implicitly established like for example purchasing an item from a shop
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some of them being far more formal and substantive, like the signing on a lease on a property.
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Most of them have very little in terms of controversy.
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But there will be a very small number of these contracts
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which are challenged or put under scrutiny in a court of law.
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And this is really where we get our idea of what
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contract law is essentially getting to the heart of these difficult issues
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and these difficult questions relating to the nature of a contract, the enforcement of a contract, bringing a contract to an end.
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What actually is a contract?
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All of these different kinds of questions.
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So simply put, the most simple way in which we can define what a contract is, is that a contract is simply just a legally enforceable agreement.
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This does not tell the whole story because not all agreements are classed as contractual,
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because this idea of what is legally enforceable in terms of
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an agreement is essentially doing quite a lot of heavy lifting in this definition.
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There are there are certain formalities and requirements for what essentially creates a contract, one that is actually an actual contract,
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which is a legally enforceable agreement.
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So not just all agreements at all can be classed as a contract as a contract.
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So a person that I have an agreement with, if they were to fail with their obligations, that does not automatically mean that I can sue them for breach of contracts.
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The question of whether or not a contract is present requires more than just this simple definition that is stated here.
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Given the fact that contracts require a number of different elements to be considered binding, we have to then think about,
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well, what are these different elements which are to be considered binding?
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So even though we're going to spend a lot of time examining this in far more detail in future lessons, I will give you right now the essential elements of a contract as defined
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and as established by just essentially the history of contract law.
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So the first part of a contract is that in order for a contract to exist there has to be an agreement.
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Now the agreement factor, the part of the contract which is considered to be an agreement, is made up of two distinct elements.
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You have to have an offer in conjunction with an acceptance of
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that offer and in this series of lessons what we're going to do is despite the fact
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that essentially you can't have um an agreement without both of
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these um without both of these factors um you you should uh we're going to essentially delineate
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each of these topics separately
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so we're going to talk firstly about the concept of an
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offer what is an offer what is the distinction between an offer and for example an invitation to treat
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and what kinds of circumstances do we find an offer.
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And then we will also talk about what is an acceptance of an offer?
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What constitutes the acceptance of an offer?
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How ought acceptance be conveyed to the person who is making said offer?
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The second part of a contract that is required is this idea known as consideration.
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Now, consideration essentially just means something for something else.
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So there has to be some kind of exchange of some kind of value.
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So if I were to purchase an item from a shop, the reason why that is a contract is because there is consideration.
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There is the fact
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that the shop owner is going to get some of my money in return for me getting the item that I want.
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This is the sort of quid pro quo that exists within all kinds of contractual arrangements.
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That's what we'll look at in a future set of lessons.
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We'll talk about what actually it means to have good consideration in relation to a contract for a contract to exist.
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There also has to be a combination of certainty and an intention to create legal relations.
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Remember, from our previous definition, a contract is a legally enforceable agreement.
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So there has to also be the intention to create legal relations.
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There has to be this belief that the parties who are entering into this agreement with this consideration, with this offer and the acceptance of the offer,
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that all of these things together are done under the auspices of this intention to create legal relations.
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Now, those are the three main requirements or elements of a contract, but there are also other requirements depending on the type of contract which you are signing.
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So there may also be formality requirements for certain contracts to be valid.
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So, for example, in certain circumstances, it might be a requirement that a contract be done in writing rather than an oral contract,
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which is just done via spoken mouth.
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Now, while this is a necessary requirement for some contracts, it is not a necessary requirement for all contracts.
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So we would not suggest that the idea of it being in writing
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or formally enshrined in writing as a condition for contracts as a whole, a necessary condition for contracts as a whole.
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It might just be a necessary condition for specific contracts of specific types.
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But we will get to that and we will get to looking at the distinction that is made between oral contracts, verbal agreements, as well as written based contracts, too.
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So, given that, let's look at the scope of this series of lessons.
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What are we actually going to cover and in what order are we going to cover it?
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We're going to begin, as you might expect, by talking about the creation of a contract, talking about all of these elements that we see here and what they actually mean,
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what they actually require and how people have interpreted them over the years.
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So we will talk about the nature of an agreement.
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We will talk about the idea of the offer versus the acceptance.
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And then we will talk about the subsidiary factors.
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subsidiary not implying that they are less important but just implying
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that they are not part of the enshrined part of an agreement for example
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so we're going to talk about certainty intention to create legal relations
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and consideration we'll then also finish this little first topic on
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the idea of promissory estoppel the second major topic is going
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to talk not about where contracts come from what contracts are
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and how they are formed but more the contents of a contract.
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We will talk about the terms of a contract, talk about the idea of terms versus representations,
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talk about this idea of warranties in certain consumer-based contractual arrangements, exclusion clauses, and unfair terms.
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The third section will talk about bringing a contract to an end,
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the various circumstances whereby a contract may come to an end, including by way of misrepresentation,
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duress, undue influence, as well as the doctrine of frustration and mistake.
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In relation to this as well, we will cover very, very briefly the idea of performance, which is, of course, the most common way in which a contract comes to an end.
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Performance is really where all the parties make a contract, they agree to a contract, a contract exists, and then they just perform the terms of their contract.
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They perform their obligations under the contract, and then once they're done, the contract ends.
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Of course, that is the most important
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or at least the most common way in which a contract would come to an end.
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Of course, that's not particularly very interesting for lawyers
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because we're talking about all of the more messy situations where contracts come to an end, like frustration, mistake, undue influence and duress.
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And then finally, we're going to talk about the various different remedies and damages for potential breaches of contract.
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So we'll talk about what it means to breach a contract, the idea of compensatory damages, liquidation of damages or liquidated damages,
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limitation of damages and other remedies which may be available in both law
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and potential equitable remedies that could exist in relation to contracts being breached.
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本課的詞彙與口語要點
這段影片共有 114 個句子、1770 個單詞可供跟讀。 講話部分時長為 10:24。 說話人語速自然，每分鐘約 170 個詞，接近日常對話。 84% 的單詞屬於英語最常用的 3,000 詞，其餘的詞建議在練習前先學一下。
影片中的重點詞彙
影片中 15 個值得學習的單詞，附發音和釋義：
| 單詞 | 發音 | 釋義 |
|---|---|---|
| lesson 名詞 | /ˈlɛs.ən/ | 課業 /課業, -課 /-課 |
| essentially 副詞 | /ɪˈsɛnʃəli/ | 本質上 /本質上, 基本上 |
| relation 名詞 | /ɹɪˈleɪʃ(ə)n/ | 關係 /關係 |
| requirement 名詞 | /ɹɪˈkwaɪɹmənt/ | 要求, 需求 |
| element 名詞 | /ˈɛləmənt/ | 要素 |
| intention 名詞 | /ɪnˈtɛnʃn̩/ | 意向, 意圖 /意圖 |
| topic 名詞 | /ˈtɑpɪk/ | 主題 /主題, 話題 /話題 |
| define 動詞 | /dɪˈfaɪn/ | 界定 |
| scope 名詞 | /skəʊp/ | 範圍 /範圍 |
| remedy 名詞 | /ˈɹɛmədi/ | 補救措施 /補救措施 |
| circumstance 名詞 | /ˈsɝ.kəmˌstæns/ | 情況 /情況, 狀態 /狀態 |
| establish 動詞 | /ɪˈstæb.lɪʃ/ | 確定 /確定 |
| versus | /ˈvɝsəs/ | 對 /對 |
| oral 形容詞 | /ˈɔː.ɹəl/ | 口的, 口腔的 |
| arrangement 名詞 | /əˈɹeɪnd͡ʒmənt/ | 排列, 安排 |
影片中的語法
說話人最常用的結構，並附上影片中的原話：
| 結構 | 影片中的用法 |
|---|---|
| 被動語態 be + 過去分詞 — 強調發生了什麼，而不是誰做的 | be asked · are made · are formed |
| 定語從句 who / which + 從句 — 補充說明人或事物 | contracts which are · elements which are · contract which is |
需要注意的發音
說話人用了 19 次縮略和弱讀形式，例如 we're, we'll, can't。請按聽到的簡短形式來說。
- “sh” 和 “zh” 音: essentially /ɪˈsɛnʃəli/, relation /ɹɪˈleɪʃ(ə)n/, consideration /kənˌsɪd.əˈɹeɪ.ʃən/, intention /ɪnˈtɛnʃn̩/, establish /ɪˈstæb.lɪʃ/
- 長單詞——注意重音位置: essentially /ɪˈsɛnʃəli/, consideration /kənˌsɪd.əˈɹeɪ.ʃən/, subsidiary /sʌbˈsɪ.di.əɹ.i/, potentially /pəˈtɛnʃ(ə)li/, representation /ˌɹɛp.ɹə.zɛnˈteɪ.ʃən/
如何用這段影片練習
- 先完整聽一遍影片，不要開口，記下不認識的單詞。
- 先用 0.75 倍速逐句跟讀，熟練之後再回到正常速度。
- 錄下自己的聲音並與原聲對比，特別注意 lesson, essentially, relation 這類單詞。
什麼是跟讀法？
跟讀法 (Shadowing) 是一種有科學依據的語言學習技巧，最初開發用於專業口譯員的培訓，並由多語言者Alexander Arguelles博士普及。這個方法簡單而強大：您在聽英語母語原聲的同時立即大聲重複——就像是一個延遲1-2秒緊跟說話者的影子。與被動聽力或語法練習不同，跟讀法強迫您的大腦和口腔肌肉同時處理並模模擬實的講話模式。研究表明它能顯著提高發音準確性，語調，節奏，連讀，聽力理解和口語流利度——使其成為雅思口語備考和真實英語交流最有效的方法之一。