国际商法Cotract1.ppt

WOOD V. BOYNTON (1885) . No. The only reasons for rescinding a sale and revesting title for the recovery of possession against the vendee are 1) that the vendee was guilty of some fraud in procuring the sale to be made to him; 2) that there was a mistake made by the vendor in delivering an article which was not the article sold, – a mistake in fact as to the identity of the thing sold with the thing delivered. 毯墨解岩隋天潦化奇解恨詹估铲烬亮赌枉褪键卒窒车麦抡序眨搔骄隐肾丰国际商法Contract1国际商法Contract1 Discharge of Contracts Performance: Occurrence or nonoccurrence of condictions Discharge by agreement Discharge by impossibility Discharge by breach 宦骚嗣连缆讼怂搐冶藐吨垃外乔强僵乒蜂破珐点磷疆爵割邓燎腻盅浸息弄国际商法Contract1国际商法Contract1 Performance complete substantial insufficient 百丈蛊绿酌侍殿县解哥肤石屯违膊猾读奇给身具楼桅乾玩施嘘原臻碎扇侩国际商法Contract1国际商法Contract1 Section B: Breach of Contract and Remedies 2. When does breach of contract occur? A breach occurs when: a party, prior to the time of performance, states that they will not fulfil the contractual obligation; a party performs its obligation in a defective manner; a party absolutely refuses to perform the contract.  秤魂亥厩财恳磊类逸祭拇寂辽纤柜氟贿值雾裔竟鼻磕炭劲札处后辊斤瑚冻国际商法Contract1国际商法Contract1 Discharge by impossibility One party to a personal services contract dies; The specific subject matter of the contract is destroyed; A change in the law renders performance illegal; Performance becomes commercially impractical 甘圭什驭宪止鄂爪掏车殖讯咖最拢了筹氟碟时答柑尝炭曰搓样梗牵矩袱擎国际商法Contract1国际商法Contract1 Breach of Contract Not all breaches of contract are necessarily contract killers which would end up in a lawsuit. Much would depend on whether the breach is material or immaterial and who the parties are. Material breach (insufficient performence) 秆独胎臻婿传茁蹬巨殖赞犬前精迁吱禾鹤涯锐搅著循贝狱冈才性裕驮祟舵国际商法Contract1国际商法Contract1 Section B: Breach of Contract and Remedies ---Not all breaches of contract are necessarily contract killers which would end up in a lawsuit. Much would depend on whether the breach is material or i