Lesson 9 Introduct新ion to Contract Law.pptVIP

Introduction to Contract Law;Vocabulary;Breach Remedy – damages Expectation damages Agreed upon remedies Equitable relief Tangible ,Intangible property Real property, personal property;Treason, Tax evasion, Slander Ownership of property Legal mechanism Fraud Primary source, Secondary source Restatements of the Law Stare decisis Precedents;preservation of the status quo “statute of frauds” Uniform Commercial Code constitutional authority American Law Institute The Restatement of Contracts judicial discretion;Background;美国合同法;Part One Contract and Contract Law;For lawyers;Three elements in a transaction——contract;Surveying the ways in which such agreements are made and enforced in our legal system;A great of thing are susceptible “ownership” The state will protect the right of the “owner” to use, enjoy, and even consume that thing, to the exclusion of all other persons. ;Real property 不动产 Personal property 动产 Less tangible property：不太有形的财产 Copyrights 版权 Patents 专利权 Shares of corporate stock 公司股权 Negotiable instruments 票据权 ;Any society that recognizes property rights must also address the question of how it should respond when someone violates those rights. And property rights are not the only kind of individual rights that may need legal protection.;Even societies that do not permit private ownership of wealth to the degree that ours does are likely to recognize the personal rights of individuals to be free from certain kinds of conduct such as the infliction of physical injury or other interferences with their individual freedom or dignity. 即使是那些对财产私有权的许可没有达到我们这种程序的社会，也会承认个人的人身权利不受某种行为的侵犯，比如给人造成身体伤害或其他对个人自由或尊严的侵犯。;Criminal law focuses in those violations of personal and property rights that society deems serious enough to be deterred by the threat of severe punishment for their commission Tort law considers what remedy should be made to the individuals so injured;Criminal law;Where does contract fit into this picture?;Agreements for exchange are the means by w