合同法CONTRACTS
In law, a contract is a binding legal agreement that is enforceable in a court of law or by binding arbitration. That is to say, a contract is an exchange of promis with a specific remedy for breach. Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance). The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible, or illegal. Breach of contract is recognized by the law and remedies can be provided.
As long as the good or rvice provided is legal, any oral agreement between two parties can constitute a binding legal contract. The practical limitation to this, however, is that only parties to a written agreement have material evidence (the written contract itlf) to prove the actual terms uttered at the time the agreement was struck. In daily life, most contracts can be and are made orally, such as purchasing a book or a sandwich. Sometimes written contracts are required by either the parties, or by statutory law within various jurisdiction for certain types of agreement, for example when buying a hou or land.
Contract formation
五彩缤纷的英文
散粉In common-law systems, the five key requirements for the creation of a contract are:
1. offer and acceptance (agreement)
2. consideration
3. an intention to create legal relations
4. legal capacity
5. formalities
Offer and acceptance analysis is a traditional approach in contract law ud to determine whether an agreement exists between two parties. As a contract is an agreement, an offer is an indication by one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree.
Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is
微微营销
addresd", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound.
The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.
开放实验室Whether two parties have an agreement or a valid offer is an issue which is determined by the court using the Objective test (Smith v. Hughes). Therefore the "intention" referred to in the definition is objectively judged by the courts. In the English ca of Smith v. Hughes the court emphasid that the important thing is not a party's real intentions but how a reasonable person would view the situation. This is due mainly to common n as each party would not wish to breach his side of the contract if it would make him or her culpable to damages, it would especially be contrary to the principle of certainty and clarity in commercial contract and the topic of mistake and how it affects the contract. As a minimum requirement the conditions for an offer should include at least the following 4 conditions: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type of
幼儿公开课
宠物节rvice. Without one of the minimum requirements of condition an offer of sale is not en as a legal offer but rather en as an advertiment.
Acceptance is a final and unqualified expression of asnt to the terms of an offer. It is no defen to an action bad on a contract for the defendant to claim that he had not intended to be bound by the agreement, if his conduct demonstrated that he had.
Rules of acceptance
There are veral rules dealing with the communication of acceptance:
•The acceptance must be communicated: e Powell v Lee (1908) Prior to acceptance, an offer may be withdrawn.
•An exception exists in the ca of unilateral contracts, in which the offeror makes an offer to the world which can be accepted by some act. A classic instance of this is the ca of
Carlill v. Carbolic Smoke Ball Co. [1892] 2 Q.B. 484 in which an offer was made to pay £100 to anyone who having bought
中国的美食有哪些
the offeror's product and ud it in accordance with the instructions nonetheless contracted influenza. The plaintiff did so and the court ordered payment of the £100. Her
actions accepted the offer - there was no need to communicate acceptance. Typical cas of unilateral offers are advertiments of rewards (e.g., for the return of a lost dog).
•An offer can only be accepted by the offeree, that is, the person to whom the offer is made.
•An offeree is not usually bound if another person accepts the offer on his behalf without his authorization, the exceptions to which are found in the law of agency, where an agent may have apparent or ostensible authority, or the usual authority of an agent in the particular market, even if the principal did not realize what the extent of this authority was, and someone on who behalf an offer has been purportedly accepted it may also ratify the contract within a reasonable time, binding both parties.
•It may be implied from the construction of the contract that the offeror has dispend with the requirement of communication of acceptance (called waiver of communication - which is generally implied in unilateral contracts): e also Re Selectmove Ltd [1994] BCC 349.
电脑word
•If the offer specifies a method of acceptance (such as by post or fax), acceptance must be by a method that is no less
