法律英语Lesson9 Contract Law.ppt

法律英语 Lesson Nine Contract Law Contract Definition A contract is basically an agreement between two or more people which creates an obligation to do, or not do, something. The agreement creates a legal relationship of rights and duties. If the agreement is broken, then the law provides certain remedies. 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 second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value. Example of Contracts Employment contracts Service Contracts Building Construction Insurance Contracts Contract involving real property Sale of Intangibles(stocks, bonds, patents, copyrights,etc) Contract law 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. Background Uniform Commercial Code Consumer Protection Statutes Labor Law Insurance Law 美国合同法 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 Contract Document The set of papers in which such agreement is set forth. 文件——陈述契约的一系列文件。 For lawyers 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 promised. 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。 Three elements in a transaction——contract 1. The agreement-in-fact事实协议 2. The agreement-in-written书面协议 3. The set of rights and duties ……一系列权利与义务 THE WAYS订立协议和执行协议的方法 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 arise with respect to their