商务法律论文.doc

1.0 Definition of Contract A contract is an agreement entered into voluntarily by two parties or more with the intention of creating a legal obligation, which may have elements in writing, though contracts can be made orally. The remedy for breach of contract can be damages or compensation of money. In equity, the remedy can be specific performance of the contract or an injunction. Both of these remedies award the party at loss the benefit of the bargain or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. The parties may be natural persons or juristic persons. A contract is a legally enforceable promise or undertaking that something will or will not occur. The word promise can be used as a legal synonym for contract. [Contract]. 2.0 Nature of Contract Law Formalism: contract will not help people out, like a law, read what contract says and they are stuck with it。 Realism: substantial impact, encouragements, everybody can accept the result. Efficient economics: the result of certain cases will influence future conduct. Relatively: the contract can prevent people separate from long-term relationships or business. Critical legal theory: it can help some people who are poor, not accept education and disadvantages in the society. 2.1 Role of Lawyers There are five lawyers，counselors, negotiators, drafters, advocators and Witnesses. Counselors: legal counsel’s responsibility is to assist in the hiring of counsel for the management, production and operation or other activities according to the law, entrusted with the organization of the legal service, maintenance to hire legal interests of the parties. Negotiators: Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy various interests