法律知识导读（英文）第八单元_Contract_Law教材教学课件.pptVIP

Unit 8 Contract Law;合同法是调整平等主体之间交易关系的法律，它主要规范合同的订立、合同的效力、合同的履行、变更、转让、终止、违反合同的责任及各类有名合同等问题。合同双方当事人应具有实施法律行为的资格和能力，在自愿的基础上达成意思表示一致。合同一经成立即具有法律效力，在双方当事人之间就发生了权利、义务关系。当事人一方或双方未按合同履行义务，就要依照合同或法律承担违约责任。 ; A contract is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are offer and acceptance by competent persons having legal capacity who exchange consideration to create mutuality of obligation. ;History Latin phrase pacta sunt (agreements must be kept“) Along with tort, unjust enrichment, and restitution, originating with the writ of assumpsit, Contract law can be classified as part of a general law of obligations. ; ◆ Jurisdictions freedom of contract. (such as a high degree of freedom in the United Kingdom and the United States) ◆ Not all agreements are necessarily contractual, as the parties generally must have an intention to be legally bound (or the functional equivalent under the objective theory of contracts).;◆ Contracts are widely used in commercial law, and form the legal foundation for transactions. E-signature laws have made the electronic contract and signature as legally valid as a paper contract. ;Contract management Contract Management: design, implementation, and support of Contracts. More in detail, that is designing the structure of contracts, reviewing contracts, signing the contracts, filing the contracts, ensuring records retention of contracts, executing the contracts, ensuring support for the contracts, and governing all such activities for quality and adherence to such contracts. ;Elements of a contract Offer and acceptance In order for a contract to be formed, the parties must reach mutual assent. (mirror image rule). Intention to be legally bound Consideration ;Civil Rights Act of 1964（1964年《民权法案》）：The Civil Rights Act of 1964 is a landmark piece of civil rights le