国际商法课件(_English_)_4.pptVIP

Chapter Four International Contract Law I. Introduction II. Formation of Contract III. Validity of Contract IV. Performance of Contract V. Remedies for Breach of Contract Key Terms Consideration: 对价 Cause: 约因 Promissory estoppel: 许诺性禁反言理论 Misrepresentation: 误解 Pecuniary loss: 金钱损失 Duress: 胁迫 Remedy: 救济措施 I. Introduction Under Common Law, contract means a promise or set of promises, for breach of which the law gives a remedy. Under Civil Law, contract is a “mutual assent” or “meeting of minds”. Chinese Contract Law states that a contract is an agreement between natural persons, legal persons or other organizations with equal standing, for the purpose of establishing, altering, or discharging a relationship of civil rights and obligations. II. Formation of Contract 1. Offer and Acceptance (1) Offer 1) Definition and Requirements of an offer An offer is a statement by one party of a willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party or parties to whom the offer is addressed. Under China Contract Law, an offer is a party’s manifestation of intention to enter into a contract with the other party, which shall comply with the following: ① Its term are specific and definite; ② It indicates that upon acceptance by the offeree, the offeror will be bound thereby. Requirements of an Offer ① Contractual intention. It is an invitation to treat, which is used to invite others to make offer and lack of the intention to create a binding obligation. Generally, display of goods for sale, an advertisement in a newspaper, posted quotation（寄送的报价单）, price list, catalogue（商品目录）, auction sales（拍卖公告） and tenders（招标公告） are all an invitation to treat. ② Definiteness. ③ Communication of offer to offeree. 2) Termination of offer ① Revocation of offer by offeror. In common law systems, an ordinary offer may be revoked at any time before it is accepted even though the offeror has expressly promised that the offer will be good