商法导论outcome2
1.s看见橱窗展示了一套高尔夫球具，他走进店要求购买该球具，店主不卖，a
坚持要以展示的价格来买。
高考祝福词
问：合同要素是什么，该案中合同存在吗？
A valid contract has three esntial features.Firstly,the parties must agree on the terms of the contract. For all aspects of the content of contract，the parties reach a connsus through consultation. Sencondly, the conclusion of the contract shall be attended by at least two parties, only one of the parties does not exist the problem of conclusion of the contract.Thirdly,obrvation of law. In concluding and performing a contract,the parties shall obrve tha law and administrative regulations, respect social ethics and they disrupt public and economic order or impair public interests.
In ca,the contract is not established.Becau the esntial of contract is not incomplete. The display window demonstration is an important contract invitation merely,the n the customer could be able to walk in and demand the goods.
F or example,Pharmaceutical Society of Great Britain v Boots The Chemists(1952). A sales of a listed
poisons must have a registered pharmacist to supervision. If the goods on the shelf is an offer,then the goods in the basket is completed by sales and this behavior is illegal. The judgment of the court is not breaking. The goods on the shelf
is an invitation to offer but not an offer.
2.t是汽车公司的销售员，竞争公司挖墙角，要他跳槽，但是雇佣合同中有一
樱桃什么季节成熟
个条款禁止他为其他任何汽车公司工作在离职后的五年内。
问：什么是限制性条款，该条款是否合法
When defining the employment contract, employees may be agree on employment or trade Limited in his future.If the restrition can be shown to be resonable to both parties involed and to the general public, the contract are VIOD The typ e of restrictive covenants are contracts between employer and employee,contracts between ller and purchar of a business and ‘Solus’ agreements.
This clau does not legitimate.Extent of the retriction in terms of area is any other car companies,it is equivalent to no range. Due to the population of the area is not be mentioned,so we can not discussion.The extent of the restriction in term of time is 5 years.The number of years is too long. co
mmon the business concerned is not very widely.And his work is not concerning torola trade crets.
For example,Stewart v Stewart(1899).In Elgin,A is a photographer.His brother B is his assistant.They have a contract in job.B can not do work for other photographer and engaged in photography.But B broke this agrement and A took B to court.The court decision the award is reasonable.
3.t经常介绍本公司的汽车给顾客们，但都是顾客喜欢听的内容（比如汽车的
车龄，里程数，汽车服务历史等）而非事实。
问：该如何定义这种对顾客做出的陈述的种类?
In ca ,it is a Fraudulent misreprentation.Becau T is pass on wrong information for customer. A report is considered to be deceptive, becau he does not rely on the fact that trust statements or is not consider ture for things.The characteristics of fraudulent misreprentation have three situation.Firstly,it cau error in the substantials.Secondly,the other party relied on the misreprentation ,then the contract have a major influence.Thirdly,the other party can offer restitutio in integrum.
For example, Smith v Sim(1954).Smith bought a market for 21600 pounds from Sim.Smith alleged Si悔不当初的意思
m describle fal turnover.So Smith can rescind the contract and claim damages.
客服岗位职责
对b和公司来说，这种陈述会导致什么后果呢？
Fraudulent misreprentation will cau rescinding the contract and require sue for damages.
喝水多尿多正常吗4.t从b那儿购买了一辆车，但是公司发现这车是b偷的
This car does not belong to Tom. Becau if there is inherently wrong with one or both of the parties, then the contract is invalid. This car is stolen by a car thieft.
It is a error contract. If a party misunderstood the other party,it may be produce inconsistent.The characteristics of error contract is unilateral mistake does not affect the validity of the contract.There are four errors in the substantials.Firstly, an error concening the identity of the parties.Sceondly,an error concerning the subject matter of the contract or its quality,quantity or extend.Thirdly, an erreor concerning the nature of the contract.Fourthly, an error concerning the price of the contract.
For example,Morrison v Robertson(1908).Telford was Wilson’s son,so Morrison sold him two cows on credit.But then Telford sold them to Robertson.So Morrison gave Robertson a lawsuit. The court asked Robertson to return two cattle. Robertson had to ek legal relief from Tom.
短途旅游
森林火灾报警电话5.m参加了一个拍卖会，竞标的时候她标的太高了，超过了她能够支付的金额，因此她无法支付全款心绞痛怎么治疗
问：违约的概念，给出两个例子
Where one part fails to fulfil his or her legal obligation under a contract.For example,Amy lls Jeans to Tom .Tom found to have quality problems.So Amy is in breach of her contract;Lucy lls skirts to Cindy.Lucy misd the time of delivery.So there has a bearch of contract by Lucy as she has fail to deliver the skirts.
违约的主要救济方式是什么?
The main remedy for breach of contract are demages,specific implement,rescission and defensive remedies.Firstly, when one party breaches the contract, the other party has the right to claim compensation for the loss. The other party is not deprived of any right he may have to claim damages by exercising his right to other remedies.Secondly, the specific implement is formulate for the original contract did not complete the task or the contract happens new conditions.The specific implement may be positive or negative.Positive means forcing someone to complete the contract for breach of contract.Negative means forcing someone to terminates the contract against the terms.Thirdly, when the parties have actual in breach o f contract, you can cancel the contract.Fourth
ly, breach of contract caud damage to the interests of each other, an injured party shall have the right to take remedial measures to safeguard their legitimate rights and interests. Defensive remedies has lien and retention. Lien means if a person has the ownership of goods in this article employed to work, so until the completion of the work of the rvice fee payment, he may refu to return the goods to all people. Retention means having the right to refu to pay for the debt. When compensation is an excu or both sides claim bad on the same contract,retention can be executed.
该案中拍卖方可以用的最适合的救济方式是什么？
In ca, the most appropriate remedy is specific implement.The llers should require the buyer to continue to perform the contract.Becau the intention of the ller is receive payment by lling paint.If ller u other ways,ller will be greater loss. Generally speaking, the cond auction price will not be better than the first.
