教务处通识课程Lecture .pptx

Lecture 3  Contract law for the International Sale of Goods;I Definition and Form of Contract;C) China Contract Law: “A contract is an agreement establishing, modifying and terminating the civil rights and obligations between natural persons, legal persons or other organizations.”;2. Form of Contract;D) UNIDROID PICC: almost the same with CISG E) China Contract Law article 10: “The parties may, when making a contract, use written form, verbal form or any other form.” “The written form shall be adopted if laws or administrative regulations so require. The written form shall be adopted if the parties so agree.”;3. Validity and Formation of Contract;4. Offer 要约 1) the concept of offer An offer is a proposal by one person to another indicating an intention to enter into a contract under specified terms. The Second Restatement of Contracts: “ an offer is a manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.”;2) Requirements of Offer a) an offer must be addressed to one or more specific persons. b) an offer must be sufficiently definite and indicates the intention of the offeror to be bound. (Definiteness: description of goods, expressly or implicitly specifies the quantity and price etc.) c) an offer becomes valid when it arrives at the offeree（受要约人）.;3) Lapse of Offer要约的失效 a) On the death either of the offeror or the offeree before acceptance. b) By non-acceptance within the time prescribed for acceptance. c) When no time for acceptance is prescribed, by non-acceptance within a reasonable time. (How to decide reasonable time?) d) Express rejection. e) Counter offer.;4) Revocation of offer要约的撤销 a) Definition: The offeror notifies the offeree of the invalidity of the offer so as to be free from it before acceptance of the offeree. b) English law: An offer may be revoked at any time before acceptance. c) UCC:as between merchants, an offer may not be