合同法offer-and-acceptance-1.pptVIP

Law of contract Offer and Acceptance Ⅰ Question and answer What is law？ What is a contract？ Law may be defined as a body of rules, created by the state, binding within its jurisdiction and enforced with the authority of the state through the use of sanction. Alix Adams What is a contract？ A contract is a legally binding agreement concerning a bargain which is essentially commercial in its nature and involves the sale or hire of commodities such as goods, services or land. (see page ) What is a contract？ A contract in this Law refers to an agreement among natural persons, legal persons or other organizations as equal parties for the establishment, modification of a relationship involving the civil rights and obligations of such entities. Agreements concerning personal relationships such as marriage, adoption, guardianship, etc. shall be governed by the provisions in other laws. Article 2, Chinese Contract Law The essentials of a binding contract contract offer acceptance consideration Intention to create legal relations By the way, in Chinese contract law(1999), some essentials, such as consideration and intention to create legal relations, are not required in building a contract. That’s an very important difference . In China, building a contract only need two essentials: offer and acceptance. They comprise a contract. However ,it may not be legally binding (or valid). It should be a clear statement on which the offeror is prepared to do business with the offeree. It may be bilateral or unilateral. What features should an offer have? 1. Clearly stated terms; 2. Intention to do business; 3. Communication of that intention. By the way, an offer should include all the important and necessary terms in building a contract. Intention to do Business Communication of that Intention Clearly Stated Terms A Legally Binding Offer Clearly stated terms Question and Answer Is the following a clearly stated term? I am wil