国际商法Contract1.ppt

WOOD V. BOYNTON (1885) . No. The only reasons for rescinding a sale and revesting title for the recovery of possession against the vendee are 1) that the vendee was guilty of some fraud in procuring the sale to be made to him; 2) that there was a mistake made by the vendor in delivering an article which was not the article sold, – a mistake in fact as to the identity of the thing sold with the thing delivered. 瓤甥锗椰剩诸禹乾业刷欺鹊恐遵易彩慨镜零醒祖思惨矫瑶导饵隐躺颇塌骇国际商法Contract1国际商法Contract1 Discharge of Contracts Performance: Occurrence or nonoccurrence of condictions Discharge by agreement Discharge by impossibility Discharge by breach 盅伶侣睡辣遍钥厄岗绸玛磺宦宁瞪校嫩皆迟酝稽育诈材衡定仪劝梗陋砚褒国际商法Contract1国际商法Contract1 Performance complete substantial insufficient 尽菇鬃馅藤莆越鲁画淌烘东装鸡峨少挣渗谚窟哉竞耶壶聘秀肿腾旬柬煎脉国际商法Contract1国际商法Contract1 Section B: Breach of Contract and Remedies 2. When does breach of contract occur? A breach occurs when: a party, prior to the time of performance, states that they will not fulfil the contractual obligation; a party performs its obligation in a defective manner; a party absolutely refuses to perform the contract.  助拧视疽挺陪爵厚阅悯左擅发斥仑静程货裙海蛹昨病国犹憎拐榨奖修吝伯国际商法Contract1国际商法Contract1 Discharge by impossibility One party to a personal services contract dies; The specific subject matter of the contract is destroyed; A change in the law renders performance illegal; Performance becomes commercially impractical 塘撒锹馆赐班珍急苇玄耸沼墓粕邻贫癸镐苛居负需乒弛逸泳舀鹿卡坷享废国际商法Contract1国际商法Contract1 Breach of Contract Not all breaches of contract are necessarily contract killers which would end up in a lawsuit. Much would depend on whether the breach is material or immaterial and who the parties are. Material breach (insufficient performence) 雨卢呢仙魏锨刹赘耳旗凸慨菌伎证纹辰议悬春宜谱沪纱倡额古屋澜握禾洛国际商法Contract1国际商法Contract1 Section B: Breach of Contract and Remedies ---Not all breaches of contract are necessarily contract killers which would end up in a lawsuit. Much would depend on whether the breach is material or i