UnitSixContracts.docVIP

Unit Six Contracts: remediesKey vocabulary expressions: contracts remedies 1. Who (concerning parties in a breach of contract) breaching party违约方non-breaching party非/未违约方 injured party 受害方/受损失方innocent party无责任方 aggrieved party受损失方 2. What ( types of breach) (1)UK （1）breach of conditions (违反条件)What’s ‘conditions’? What’s the result of a breach of conditions ? (2) breach of warranties ( 违反担保)What’s ‘warranties’? What’s the result of a breach of conditions ? Note! ‘conditions ‘ and ‘warranties’ can be used in senses different from the above usage. (1) a 慶ondition?may refer to sth that must be done before a contract come into existence and effect or for a contract to remain valid. “A contract with collateral conditions on its entry into effect shall become effective upon the fulfillment of the conditions” ---------Contract Law “ It shall be a condition that the agent shall at all times be qualified to engage in security business” ---------- a clause in a contract for securities brokerage (2) a 憌arranties?may be a form of guarantee by which a manufacturer promises that it agrees to repair defective goods . e.g. The seller warrants that the products shall be free from rust from ten (10) years. ------ a clause of a sales contract ‘warranty’ vs. ‘guarantee’? ‘warranty’=‘guarantee’! when referring to a seller抯 written promise to repair, replace, or otherwise compensate for defective goods. e.g. 本合同下货物保修8年. The Goods come with a full eight-year warranty. 制造商保证产品6年不生锈. The manufacturer provides a 6-year guarantee against rust. 经销商提供退货保证. The seller provides a money-back guarantee 2. What ( types of breach) 2) USA The term ‘warranty’ covers both ‘conditions ‘ and ‘warranties’. 2. What ( types of breach) 2) China (1) fail to perform one’s obligations under the contract (2) fail to perform one’s obligations as contracted 履行义务不符合约定 (3) clearly express or indicate by act one’s intenti