国际贸易实务双语Chapter 10

As we know, people make contracts for many purposes. For instance, there are contracts of insurance, contracts for the sale of goods and land, contracts of hire, contracts of employment, contracts of carriage and many others.
n.
contractual
adj.
承运，运输，输送；车辆， (旧时载客的) 四轮马车； 〈英〉火车客车车厢；运费 雇用；就业；职业 法律约束的协议 有效的；有法律效力的； 本质的；要点 (的)；必要的；精华的 必需品；基本要素；必不可少的东西 要约，出价；表示愿意 提议；企图；供奉 提议；出价，开价；试图；求婚 接受，承诺；接纳； [金融]承兑；无怨接受 (逆境、困境等)；赞成 合同的，契约的；契约性
display
n.
vt.
price-marked goods
unqualified
adj.
consideration
n.
履行合同能力 要约人，出价人；发价(盘)人 受约人; 被发价人，受盘人 函件，通知 广告，宣传；公告；出公告，做广告 简介，说明书；(即将出版的书等的)内容介绍；计划书， 意见书；(讲义等的)大纲 提出要约的邀请 展览，陈列；陈列品，展览品；显示器；炫耀 显示；陈列；展开，伸展；夸示，炫耀 明码标价的商品 绝对的；不合格的；无限制的；无资格的； 对价；考虑，考察；照顾，关心；报酬；尊敬
对价指乙方的权利所得到的利益或由另一方承受的忍耐遭受的损害损失或者所给予的责任
Chapter Ten Sales Contracts 销售合同
Warming-up Exercise Part A English Tex Part B Bilingual Tex
Chapter Ten Warming-up Exercise
Chapter Ten Part A English Tex
Words and Expressions 单词和词组
contractual capacity
offeror
n.
offeree
n.
circular
n.
advertisement
n.
prospectus
n.
invitations to make an offer
Chapter Ten Part A English Tex
General Contract
Consideration Consideration means some right, profit or benefit made to one party, or some forbearance, detriment, loss or responsibility which is given, suffered or undertaken by the other. In a contract of sale, for example, the seller may promise to supply certain goods. The law will not enforce a promise unless it is supported by consideration. Consideration can be described as “the price that supports a promise”. Consideration may be either a “profit or benefit to the promisee” or a “detriment to the promisor”. For example, Mike promises to give Tim $3 000 if Tim does not eat for four days. There is on the face of it a valid contract. In this case, the consideration for Mike’s promise to pay $3 000 is the detriment of four days’ hunger to Tim. Of course, Tim is under no obligation to starve him for such a long time because it is a unilateral contract. But Mike is obliged to pay the money if Jack chooses to do so.
A contract may be defined as a legally binding agreement. In other words, a contract must be enforced or recognized by law. A valid contract needs five essentials: the agreement (offer and acceptance), the intention to create legal relation, the consideration, the form required by law, and capacity. We will discuss them one by one in the following.
Chapter Ten Part A English Tex
General Contract
Form Required by Law In some cases the law requires a contract to be in a particular form. This will involve some type of written documentation because written documentation makes for greater certainty as to what has been agreed. It may serve as a warning against entering into a contract too slightly. Contractual Capacity Both parties who make a contract must have the capacity to perform the contract. The party of the contract must be a natural person or legal person who can participate in the civil activity, exercise the civil right and bear the civil liability. What is a natural person? A natural person means that a man or a woman who has the capacity for action has reached the age required by law; he or she has the a sound mind and can exercise his or her right and bear for the contract made by him or by her. What is a legal person? A legal person means that a man or a woman represents an enterprise, business and company to exercise his or her legal right and bear the legal liability for the contract made by him or by her.
Chapter Ten Part A English Tex
Words and Expressions 单词和词组
carriage
n.
employment
n.
legally binding agreement
valid
adj.
essential
adj.
n.
offer
vt.
ห้องสมุดไป่ตู้
vi.
n.
acceptance
Answer the following questions.
1 What is a general contract?
2 Could you list different kinds of contracts?
Chapter Ten Part A English Tex
General Contract
Offer and Acceptance If an offer has been made, a contract will come into existence when the offer is accepted, provided that all the essential terms of contract are agreed. The bottom line here is that the acceptance must be unqualified; in other words, it must correspond exactly with the terms of the offer. Intention to Create Legal Relations We have already known that a contract is a legally binding agreement. Even when two parties have reached an agreement, there may be no contract at all because they did not intend that their agreement should be legally binding. However, social and domestic agreements are not legally binding. No one supposes that accepting an invitation to a party or a wedding creates a contract.
Agreement Agreement is generally reached between two parties by means of acceptance. It means that one party makes an offer and the other party accepts it. The person who makes an offer is called offeror and the person who accepts the offer is called offeree.
Chapter Ten Part A English Tex
General Contract
An offer may be made in writing, orally or by conduct. It may be made to an individual, a group of people or the public. It is necessary for us to distinguish between true offers and statements. Circulars, advertisements, prospectuses and the like are invitations to make an offer. Display of price-marked goods in a shop is only an invitation to make an offer, not a true offer. Displays, advertisements and the like are offers in law.