Lesson Four
Contract Law
Contract Definition
⏹ A contract is basically an agreement between two or more people which creates an obligation to do, or not to do, something.
⏹ The agreement creates a legal relationship of rights and duties.
⏹ If the agreement is broken, then the law provides certain remedies.
七夕节快乐英文
Three Factors
⏹ There are three factors necessary to create a contract:
⏹ 1) an offer, 2) acceptance, and 3) consideration.
⏹ One party makes an offer, the cond party must accept the offer and there m
ust be consideration exchanged. Consideration has to be something of value.
Example of Contracts
⏹ Employment contracts
⏹ Service Contracts
⏹ Building Construction老外骂人
⏹ Insurance Contracts
⏹ 氓的翻译Contract involving real property
⏹ 筷子英语Sale of Intangibles(stocks, bonds, patents, copyrights,etc)
CONTRACT
⏹ Contract ---- an agreement that has legal effect.
⏹ 合同是具有法律效力的契约。
⏹ It creates obligations for which some sort of legal enforcement will be available if performance is not forthcoming as promid. 全职猎人138
⏹ 它设立了当不按约履行时，便可由某种法律强制手段保证实施的义务。
Expectation damages
预期赔偿金
Agreed upon remedies
补救协议
Equitable relief
衡平救济
TEXT
⏹ Contract —— an agreement between two or more persons.
⏹ Not merely a shared belief
⏹ 不仅仅是共有的想法
⏹ A common understanding as to something
⏹ 而且是对某些未来将要进行的事项有共同的理解
Mirror Image Rule
⏹ In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement states that an offer must be accepted exactly without modifications. The offeror is the master of his own offer. An attempt to accept the offer on different terms instead creates a counter-offer, and this constitutes a rejection of the original offer. (Restatement(2d) Contracts §59).
⏹ In the United states, this rule has been altered with respect to merchants dealing in the sale of goods under the Uniform Commercial Code (UCC Section 2-207). In such situations, an acceptance that does not match the terms of the offer i
s nonetheless effective as long as the material terms are agreed upon.
⏹ Example: Larry the T-shirt printer (merchant) offers to make and ll 1,000 yellow T-Shirts with "Bring the Ruckus" on the back for $100 to Vinny of Vincent's Shirt Barn (merchant). Vinny accepts the offer and writes change to "Bring da Ruckus" on the back of the invoice to Larry. This constitutes acceptance and the contract will be enforceable in spite of the alteration becau the change is immaterial and both are merchants.
⏹ When both parties are not merchants but the transaction is covered by the UCC (for example, when Vinny agrees to ll t-shirts to a customer), then any additional terms will be proposals for addition to the contract but will not automatically become a part of the bargain. (UCC 2-207(2)).
The role of lawyers and judges
⏹ 1. In creating contracts
⏹ 在制定合同中的作用；
⏹ 2.in deciding disputes that may ari with respect to their performance
⏹ 在裁决履行合同时可能出现争议时的作用；
⏹ 3.in fashioning appropriate remedies for their breach
⏹ 在形成对其违约的适当补救时的作用
Contract law
⏹ Common law
⏹ Judge-made law
⏹ 法官定法
⏹ Rules distilled from a composite of court decisions in prior cas.
⏹ orbiting从以前案件的各种法官判决意见中抽取出来的规则
⏹ Contract law covers the legal implications of a contract. For instance, contract law determines what is and is not consideration, whether a contract was actually intended, if the parties making the contract were legally competent, whether there was fraud or duress involved, or how a contract is terminated.
⏹ Historically, as common law普通法
⏹ Rather than statute 制定法
⏹ Exception : “statute of frauds”merry christmas是什么意思啊
⏹ “欺诈条例”是个例外
感觉英文Requires certain contracts to be evidenced by a signed writing
该条例要求某些合同是书面合同。
Contract Document
⏹ The t of papers in which such agreement is t forth.
⏹ 文件——陈述契约的一系列文件。
Statute of frauds
⏹ Law in every state which requires that certain documents be in writing, such as real property titles and transfers (conveyances), leas for more than a year, wills and some types of contracts.
⏹ The original statute was enacted in England in 1677 to prevent fraudulent title claims.
⏹ The statute of frauds has itlf become so overlaid by court decisions that it has more of quality of common law than of a modern statute.
⏹ 该欺诈条例本身已添加了如此多的法官判决意见，以至于它具有的普通法的品质已经超过其现代制定法的品质。
clock是什么意思⏹ Esntially a common law system, except be affected by a remarkable modern statute, the Uniform Commercial Code.
⏹ 除非受到著名的现代制定法
——统一商法典的影响，合同法至今还保留着普通法体系。
The law of contracts
⏹ 21世纪大学英语读写教程第三册Legal mechanism for protecting the expectations that ari from the making of agreements for the future exchange of various types of performance.
