ChapterThreePartTWO更新中课程.pptVIP

Chapter Three Contract Law Part Two Preparation questions 1. what are the main contents? please briefly explain them. 2. under common law system, does stare decisis mean that the precedents should always be followed? please take some examples. Some Legal Terms source / authority 法律渊源 leading case, leading authority apply the rules of law to decide disputes , cases prior / past judicial / court decisions, cases ordinances 条例，主要用于美国英语中，特指由各市的立法机关通过的法规。在英国英语中，与其对应的是bylaws，而在美国英语中，bylaws 则是指除公司章程之外的内部规则。 Questions Under the common law system: what is the law to be found? Or what are the sources of the law？Please give a brief interpretation respectively. Two types of sources / authority What are Restatements of the Law 法律注释汇编 Restatements are secondary sources that seek to restate the legal rules that constitute the common law in a particular area.? They are written by the American Law Institute (ALI), a prestigious legal organization composed of noted professors, judges and lawyers. The ALI has completed Restatements in 15 areas of? law including? Torts, Contracts, Property, Conflict of Laws, Foreign Relations Law, and Products Liability. Questions Under the common law system: What is the law itself? - Primary, or secondary authority? what about Chinese law? Are ALI’s Restatements of the Law case law or statutory law? *Primary authority 1. Case law 2. Statutory law The bulk of US contract law Common law Judge-made law Rules distilled from a composite of court decisions in prior cases. Q: What does “with one important exception” mean? Technical jargon 专业术语 Some Legal Terms the case subjudice / under adjudication feel obliged to obligation regime of law be justified on two grounds justification predictability ascertainable rules of law Judicial system of decision-making  Stare decisis adherence to past decisions (precedents) A precedent: - a prior decision with facts sufficiently similar to the case “subj