2011年月英语六级(CET6)真题.ppt

Legal English 主讲人：肖蓓 Lesson Eight Contract Law I  I. What is a contract? A) An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law B) Written form of these agreements C) Contracts are essentially promises, or groups of promises, to do something in the future. D) The division or body of law dealing with agreements and exchange pact treaty deed II. How to enter into a contract? (The formation of contract ) Essential Elements required: FROLIC F-form and/or consideration written; oral / verbal / parol contract; unspoken / implied / understood contract promise promisee promisor cause R-reality of consent O-offer and acceptance An offer is not required to be in any particular form. It can be written, verbal or made by action. And an offer can be made to one or more persons, even to the whole world. Acceptance must be unqualified. L-legality of object gambling debt/gun I-intention to create legal relationships Agreements classified as social or domestic are presumed not to intend to create legal relations. Example of social agreements: two friends agreed to play tennis next Saturday but one of them failed to arrive at the agreed time. Example of domestic contract: a husband agreed to cook dinner for his wife and failed to do so. C-capacity of parties Minors or infants’ capacity to conclude a contract is limited; so is the mentally infirm A) Offer and invitation to treat In order to form a contract there must be a mutual understanding as to what each party will give and receive in return. The starting point may be offer or invitation to treat. What usually occurs is that X will set forth a proposition - the offer- which, if accepted by Y will result in the making of a contract. Offer An offer to contract has three aspects: (1) the offeror indicates what he will do or not do; (2) he indicates what he demands in return ; (3) the offeror must sh