Lesson 2合同法.pptVIP

Lesson Two Concept of Contract Contents 1. Contract defined 2. Contract classified 1.Contract defined According to the Restatement (Second) of Contracts, contract means a promise, or a set of promises, that the law will enforce or at least recognize in some way. A contract is a legally enforceable agreement between two or more parties. A. Classification by formality In light of the English contract law, contracts can be made orally, or by conduct or in writing. a. Sometimes written contracts are required, such as when buying a house. b. Most contracts can be and are made orally. In most cases a contract made orally is just as valid as a written one. c. Contracts made by conduct refer to those that need not be stated in words, but by an ordinary everyday act of conduct. B. Classification by interrelation between rights and duties a. Bilateral contracts In a bilateral contract, in which the parties exchange mutual promises, both parties shall equally execute their promises respectively. b. Unilateral contracts A unilateral contract is a contract in which only one party makes an express promise, or undertakes a performance without first securing a reciprocal agreement from the other party. It is different from a bilateral one. reward contract I will pay you $1,000 if you bring my car from Los Angeles to San Francisco. C. Classification by modes of expressing terms a. Express contracts明示合同 one where the terms of the agreement are openly uttered and avowed at the time of making. Rights and duties of parties are clearly expressed so that the parties may perform it correctly and avoid misunderstanding. Once a dispute arises, the court can promptly settle it. b. Implied contract默示合同 (1) Implied-in-fact contracts事实上的默示合同 P, a professional gardener with a truck advertising his services, drives in his truck to D’s front yard while D is sitting on the front porch. P mows the lawn while D is watching. Will D pay P after he finishes the job? Yes, because