chaptertwoThelawofcontract学习课程.pptxVIP

Chapter twoThe law of contract;1. introduction 2. formation of contract 3. effectiveness of contract 4. performance of contract 5. modification and assignment of contract 6. discharge of contract 7. terms of contract 8. breach and damages;1. Definition of contract; 2. difference between common law and civil law;;1. In English law, a contract may be defined as an agreement enforceable（可实施的，可强制的） by the law, between two or more persons to do or abstain from (放弃）doing some act or acts, their intention（意图，目的） being to create legal relations. 2. In the US, a contract is an agreement that contemplates（深思熟虑） as its object and results in an obligation.;3. In China, Contract is “平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。婚姻、收养、监护等有关身份关系的协议，适用其他法律的规定。”;The word contract is a word in common usage(习惯用语) conveying the idea of agreement. But not every agreement is a contract. It must be an agreement intending to create and that does create a legal obligation of certain characteristics.;1. In civil law, “强调双方意思表示一致”； 2. In common law ,强调“promise”（许诺）;Elements of a contract;1. Offer; 1) Definition; 2) Effectiveness of offer; 3) Revocation and withdrawal; 2. Acceptance 1) Definition; 2) Effectiveness of acceptance 3) Late acceptance 4) Withdrawal of acceptance;Agreement;;2) Constitution of an offer ;3) Termination of an offer;Termination of an offer;Sample 1;Sample 2;2. Acceptance;;;;(1) Not alter the terms of the offer materially;(2) Alter the terms of offer materially;(3) how to distinguish these terms?;Case study 1;Firm Offer A firm offer is a clear indication of the offerer to conclude business transactions according to the stipulated terms and conditions within a fixed period of time. The offer, once sent out, cannot be withdrawn or changed at all within the period of its validity. If the offer is accepted by the buyer before its expiry date, business will be established. The parties concerned will be bound by it. ;;Sample 2;;Sample 1;商务英语写作Unit Six Entering into a Contrac