科技法律专题实作.ppt

科技法律專題實作 國立高雄第一科技大學 科技法律研究所 Class 1 Contract Law, Negotiation and Legal Writing(1) 12 April 2008 張家祥 澳大利亞 聯邦法院 大律師 墨爾本大學 法律博士 Course Structure Class 1: contract law, negotiation and legal writing(1) Class 2: legal writing (2) Class 3: legal writing (3) + Exercise 1 Class 4: Exercise 1 + Exercise 2 Class 5: Exercise 2 Totally 36 teaching hours (5 classes) for this course 36 teaching hours = 1800 minutes ; 360 min per class Time Schedule 9:00 – 10:30 (90 min) 10:50 – 11:50 (60 min) 13:10 – 14:10 (60 min) 14:30 – 16:00 (90 min) 16:10 – 17:10 (60 min) = 360 min per class 360 min X 5 classes = 1800 min/semester = 36 teaching hours for the whole semester Class 1.1 The Law and Practice of Commercial Agreements Case study: Sharp/UTStar supply agreement and news Agreement negotiation activities and to sign up agreements The execution/performance of the agreement Contract laws in USA, China and Taiwan agreement provisions Legal English and Latin How to give someone an orange? (1) The professor of a contract law class asked one of his better students: if you were to give someone an orange, how would you go about it? The student replied: here is an orange. The professor was outraged. Oh! No! Think like a lawyer! The student then replied, O.K. I would tell him: How to give someone an orange?(2) “I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat the same, or give away the same with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding.” Agreement Negotiation Activities (1) Correspondences: telephone conference, fax, letter, e-mail – to sum up what has been agreed Me