国际商法英文案例选编2, Contract Law.ppt

Chapter Two Contract Law Introduction Defined as Enforceable legally binding agreement A promise or a set of promises for the breach of which the law gives remedy, or the performance of which the law in some way recognizes as a duty An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law Section One Elements of a Contract elements of a contract are: (a) a contract is an agreement; (b) entered into by and between competent parties; (c) made for legal purpose; (d) to carry out parties’ free will; (e) in exchange of something of value; (f) in proper form if required by law. Case Study Case : Lucy?et?al.?v.?Zehmer?et?al. 84 S.E.(2d) 516,196 Va. 493 (1954) Case Study Questions: 1, What is the legal issue of the case? 2, If evidence showed Zember was intoxicated as high as a Georgia pine, should the decision be different? 3, Does the Supreme Court of Appeals of Virginia consider the contract of transferring the farm an agreement or “merely a joke”? Case Study Case 2-1-2: Goldsworthy v Brickell and Another Parker LJ , 16 July 1986 “Upon whatever precise basis it is sought to uphold a transaction which was originally obtained by undue influence it is an essential ingredient that it would be inequitable to allow the influenced party to set aside the transaction.” Case study The High Trees case Central London Property Trust Ltd v High Trees House Ltd? [1947] K.B. 130 Case study questions: 1, How do you understand the doctrine of?promissory estoppel?in?English contract law? 2, In common law countries, consideration as a condition for a valid contract is slowly eroding in modern practices, especially in commercial transactions. In this case, was the full payment of rent held to be enforceable or unenforceable held by the King’s Bench? Section Two Formation of a Contract A contract is based on an agreement, and every agreement involves an offer followed by an acceptance. An agreement arises when one