Contract Law[精品].ppt

* 法律英语 * Have clearly had a powerful effect in shaping judicial views of what the common law of contract ought to be. 合同法注释汇编在有关合同的普通法应该是怎么样的这一司法观念形成方面有强力的作用。 The Restatement of Contracts * 法律英语 * Secondary authority Published articles Books Treatises Analyze分析 Evaluate评价Synthesize综合 The immense body of contract cases …… * 法律英语 * Authors of these works Have sought to clarify the law, to propose solutions for unsolved issues, and in some cases to argue …for legal change. 这些论著的作者们试图阐明法律，为尚未解决的问题提出解决方案，有时就法律改革进行热烈而有效的争论。 * 法律英语 * Such legal commentary has been extremely influential in shaping the course of the common law of contract. 这些法律评论大大地影响着有关合同的普通法的发展方向。 * 法律英语 * Professional words and terms Uniform Commercial Code Consumer Protection Statutes Labor Law Insurance Law Offer， acceptance, consideration Contract performance Contract interpretation * 法律英语 * Breach Remedy – damages Expectation damages Tangible ,Intangible property Real property, personal property * 法律英语 * Ownership of property Legal mechanism Fraud Primary source, Secondary source Restatements of the Law * 法律英语 * “statute of frauds” Uniform Commercial Code American Law Institute The Restatement of Contracts * 法律英语 * Exercises Case Discussion Fiege v. Boehm – Case Brief Fiege v. Boehm, 210 Md. 352, 123 A.2d 316 (Md. 1956). Facts: Boehm (P) became pregnant and believed in good faith that Fiege (D) was the father. Fiege promised to pay Boehm for the birth expenses and make support payments for the raising of the child as long as Boehm would not institute criminal bastary proceedings against him. D made payments undenr the agreement but stopped when blood tests revealed that he was not the father. P initiated criminal bastardy proceedings and D was acquitted because the blood tests revealed that he could not have been the father. P then sued to enforce the agreement for support in civil court. The jury found that D was liable to P and P appealed. Issue: Can forbearance from asserting a good faith