International commercial law
Defined:
It is the rules and norms that regulate the international commercial transactions and the activities of business firms.
The following international relationships are governed by international commercial law: Sales of goods. Intellectual property rights. International flow of funds and labor.
Source: International conventions
International business custom
Law systems:
Continental law system: it’s nonbinding. It’s not a law
所用Common law system: British law American law it’s binding, and it’s a law
第二章 contract law
Formation of Contracts
The esntial elements:
• (a) offer(要约)
• (b) acceptance（承诺）
• (c) consideration（对价）
• (d) capacity (订立合同的能力）
• (e) intention to creat legal relations(创立合同关系的意图）
(1) offer
-- An offer is a promi, which is capable of acceptance, to be bound on particular terms.
-- An offer differs from:
(a) a mere statement of intention
(b) a mere supply of information
(c) an invitation of offer(要约）
the requirements for an offer青海玉树：
(a) Clear expression of contractual intention
(b) definite content to be contained in a contract
(c) successful communication to the offeree
legal effect of an offer
想分手怎么办(a) In general, an offer has binding effect on the offeror. An offer shall not be altered or withdrawn. (continental law system)
(b) In general, the offeror is not bound by the offer unless it is signed and aled. (commo
n law system)
(c) An offer is revocable. But the offeror is liable for the damages caud by the revocation.
(d) According to the provisions contained in the CISG, an offer is revocable if the notice of revocation arrives earlier than or at the same with the offer. (exception: a firm offer, the offeree is justified in believing it is an hard offer) (CISG)
the offer is irrevocable：
① the offeror gives a limited time in the offer
②the offeror indicates the offer is irrevocable
③ the offeree has prepared for the offer
The withdrawal of offer: After the offer has been nded to offeree, and before the offer is effectual, the offeror wants to cancel the offer. 专升本条件
The revocation of offer: After the offer has been effectual in law, but the offeree makes acceptance, the offeror wants to cancel the offer.
(2) acceptance
--Acceptance of an offer creats a contract, but acceptance must correspond with the terms of the offer.
Also, the following should be remembered:
(a) knowledge and motive (b) form of acceptance (spoken or written, or conduct)
(c) communication of acceptance (d) content of acceptance corresponds with the original offer
When does an acceptance become legally effective?
(a) Mail-box rule (common law system)(投邮主义）
(b) Received letter of acceptance (continental law system) (到达主义）寄予希望
(c) Received letter of acceptance (CISG)
3. consideration (对价)
---consideration is an act or forbearance of one party, or the promi thereof, is the price for which the promi of the other is bought, and the promi thus given for value is enforceable.
Types of consideration:
(a) Executory consideration(待履行的对价）
(b) Executed consideration(已履行的对价）
(c) Past consideration(过去的对价）
4. Capacity合同能力
Capacity refers to a person’s ability to enter into a contract. In general, all adults of sound mind have full capacity. The capacity of certain individuals is limited.
--A minor is a person under the age of 18. Agreements entered into by minors may be classified within three possible categories: void contracts, voidable contracts and valid contracts.
--Mental incapacity and intoxication
Vitiating Factors in Contract
Mistake (错误) Fraud(欺诈) Duress(威胁) Undue Influence(不当影响)
Breach of Contract and Remedies
Definition of Breach
平行是什么意思
---Breach of contract refers to the failure of one of the parties to the agreement to comply, either completely or satisfactorily, with their obligations under it.
When does breach of contract occur?
a party, prior to the time of performance, states that they will not fulfill the contractual obligation;
a party performs its obligation in a defective manner;
a party absolutely refus to perform the contract.
Remedies for breach
The principal remedies for breach of contract are:
周杰伦签名(a) Damages (违约金)：The estimation of what damages to be paid by a party in a breach of contract can be divided into two parts: remoteness and measure of damages( 瓦斯发电间接赔偿和直接赔偿).
