chapter two The law of contract.pptx

Chapter twoThe law of contract 1 1. introduction 2. formation of contract 3. effectiveness of contract 4. performance of contract 5. modification and assignment of contract 6. discharge of contract 7. terms of contract 8. breach and damages Main contents in this chapter 2 1. Definition of contract; 2. difference between common law and civil law; Part one Introduction 3 1. In English law, a contract may be defined as an agreement enforceable（可实施的，可强制的） by the law, between two or more persons to do or abstain from (放弃）doing some act or acts, their intention（意图，目的） being to create legal relations. 2. In the US, a contract is an agreement that contemplates（深思熟虑） as its object and results in an obligation. 4 1. Definition of contract 3. In China, Contract is “平等主体的自然人、法人、其他组织之间设立、变更、终止民事权利义务关系的协议。婚姻、收养、监护等有关身份关系的协议，适用其他法律的规定。” 5 The word contract is a word in common usage(习惯用语) conveying the idea of agreement. But not every agreement is a contract. It must be an agreement intending to create and that does create a legal obligation of certain characteristics. 6 1. In civil law, “强调双方意思表示一致”； 2. In common law ,强调“promise”（许诺）  2. Difference about contract between common law and civil law; 7 Elements of a contract 1. Agreement; 2. Intention to form or create legal relations; 3. Capacity; 4. Legality. 8 1. Offer; 1) Definition; 2) Effectiveness of offer; 3) Revocation and withdrawal; 2. Acceptance 1) Definition; 2) Effectiveness of acceptance 3) Late acceptance 4) Withdrawal of acceptance 9 Part two Formation of contract Agreement This may be said to consist of an offer made by one person, the offeror/offerer, and an acceptance by the person to whom the offer was made, the offeree. 1. Offer 1) Definition: An offer is a statement to the effect that the person making it is willing to contract on the terms stated, as soon as these (terms) are accepted by the person to whom the statement is addressed. 10 An essential feature（基本特征） of an offer is that the offeror must int