国际商法3 Enforcea的bility of Contract.ppt

Unit 3 Enforceability of Contract;Capacity of Parties;Effect of Lack of Capacity;Capacity of Minors;In UK;Exercise: Nash v. Inman;Capacity of Mentally Impaired Persons;Contracts of Intoxicated Persons;Capacity of civil conduct in China (中国对当事人能力的规定);Limited capacity;No capacity;中国法下的意思真实;重大误解;胁迫;欺诈;显失公平;英美合同法下的意思真实;Misrepresentation and Fraud;Misrepresentation and Fraud;Mistake;Duress;Factors taken into account;胁迫的案例;Economic Duress;经济胁迫的案例;Undue Influence;Two different types of undue influence;Presumed undue influence;推定非适当影响案例;Case: actual undue influence;Illegality;Illegal contract;Classification of illegality ;?classification of illegality;D. Restrictive trading Esso Petroleum Ltd v. Harper’s Garage Ltd A garage company, which owned two garages, entered into a solus agreement with Esso under which it agreed to buy all its petrol from Esso, to keep the garage open at all reasonable hours and not to sell the garage without ensuring that the purchaser entered into a similar agreement with Esso. One agreement was to last 5 years and the other for 21 years. In effect, the garage owners were tied to Esso for 21 years. It was held that the 21 year agreement was invalid, but the 5 year agreement with Esso was valid. ;Consideration （约因或对价 ）;What’s consideration;Adequacy of Consideration;Moral obligation;Preexisting Legal Duties;Preexisting Contractual Duties ;Case: Stilk v. Myrick (1809);Williams v. Roffey Bros Nicholls Ltd;Trivial acts;Compromise and forbearance to sue;Cook v. Wright; Past Consideration;已过时的约因 （past consideration ); Consideration must move from the promisee; 1968年白斯韦克夫人诉小白斯韦克案中，某煤炭商与其侄子订立了一项书面合同。根据该合同煤炭商将其企业卖给其侄子，而其侄子则答应在煤炭商死后每周向其寡妻支付5镑。但当该煤炭商死后，其侄子拒绝履约，并因此受诉。法庭裁定，原告作为死者的遗产管理人有权得到此款；但由于她不是该合同当事人，故不能以其个人名义诉请该合同强制执行。 However, as a result of the enactment of the Contracts (Rights of Third Parties) Act 1999, English law now confers on third parties a much wider right to sue to enforce a term of a contract which has been concluded between two other p