商务知识导读课件董晓波 ISBN9787566309365 PPTUnit 13 Contractuallaw.ppt

Unit 13 Contractual law Text Words Expressions Notes Exercises Supplementary Reading Additional information Text: Words Expressions: Notes: Exercises: Supplementary Reading: Additional information: Thank you! 　Origins of Contract law Contract law is sometimes described in lengthy legalese diatribe, from which it is no easy task to excise a short, succinct and plain-language description. Another clarification is in order. The description given in this document is indicative of the common law only. In many jurisdictions, laws have been implemented which directly alter the common law. Contract law has come to us from common law and it is said that it is an offspring of tort law. Both contracts and torts give rise to obligations. But tort obligations are imposed by the law; it is not normally a choice one makes. Contracts, on the other hand, are a vehicle by which persons voluntarily create obligations upon themselves. In some circumstances, you can contract your way out of tort liability. In addition, tort liability does not require consideration . A contract is made up of a promise of one person to do a certain thing in exchange for a promise from another person to do another thing. Contract law exists to make sure that people keep their promises and that if they do not, the law will enforce it upon them. Contract law is based on several Latin legal principles, the most important of which is consensus ad idem, offering and acceptance of each person’s contribution. So a contract requires an agreement between the parties. But not all agreements are contracts. Non-business, religious, or charitable agreements are not always contracts. The same has been said of family or household agreements. In fact, there exists a common law presumption against such agreements being contracts, although this presumption can be rebutted. Conversely, where an agreement issues from a commercial relationship, it will be presumed to be a contract. Contract law is said to be a part o