国际商法英文版课件韩永红 ISBN9787566301918 PPTchapter 5.ppt

Chapter 5 Contract for the International Sale of Goods (I) The Outline Fundamentals of contract law Laws governing international sale of goods UN Convention on Contracts for the International Sale of Goods National laws governing sale of goods in different countries Principles of International Commercial Contracts Incoterms 2000  I. Fundamentals of the law of contracts 1. What is a contract? “is an agreement between two or more parties which creates an obligation to do or not to do a particular thing, and which is enforceable in law.” ---- Black’s Law Dictionary. 2. Classification of contracts 3. Essential elements of valid contracts Chapter 5  Contract for the International Sale of Goods (I) Valid, void and voidable contracts Valid contracts: the usual contracts, which may be enforced by either party to the contract. Void contracts: these agreements have no effect. Voidable contracts: contracts which one party may at his option either enforce or not enforce Chapter 5  Contract for the International Sale of Goods (I) Bilateral contracts and unilateral contracts Bilateral contracts: A contract which consists of an exchange of promises, that is, both parties promise to do something. Unilateral contracts: A contract in which only one party promises to do something, and the other party is free to act. Element 1Legal capacity: parties must have legal capacity to contract. A party who does not possess the capacity to contract may generally avoid the contract. legal persons sole traders partnerships Natural persons minors: until a person has reached his majority (usually age 18), most contracts which he enters into are voidable at his option Mental incompetents: the mentally unsound and intoxicated. Element 2Agreement of mutual assent reached through offer and acceptance There must generally be a matching offer and acceptance between the offeror and the offeree. There must be an intention