商法 英文版 课件contract chinese1

Sole proprietor Partner Company
Premises Employees
Machinery and other plant
Raw material Sell what they have made--customers
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2.Main principles
2.1Equal standing Article 3: The parties to a contract shall have legally equal status. No party may impose its will on the other party. 2.2Voluntarily Article 4: The parties shall have the rights to voluntarily conclude a contract in accordance with the law. No unit or individual may illegally interfere.
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• A contract is an agreement between 2 or more parties which is enforceable by law. Model: • 2 parties : may be extended to 3 parties…etc. • Relationship of the parties: rights & duties • Context : different needs & environment requires different adaptation of the model • Enforceable by law
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2.3Fairness Article 5: The parties shall abide by the principle of fairness in determining the rights and obligations of each party. 2.4Good faith Article 6: All parties must act in accordance with the principle of good faith in exercising rights and performing obligations. 2.5The public interest Article 7: When concluding and performing a contract, the parties shall abide by the laws and administrative regulations, observe public morals. Neither party may disrupt the socio-economic order or damage the public interest.
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The Functions of Contracts
What purpose does contract serve? The typical purpose is a commercial one.
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Consider a simple model: When about to start commercial or industrial activities
Henry orally agrees to build for Jeff, for 995$, a 20ft. × 22ft.garage made of asbestos shingles, and Jeff agrees to have him do so. Carl and Ed enter into a written agreement in which Carl agrees to sell to Ed 5000 mattresses at $ 40 each, to be delivered at the rate of $750 a month. Both Cral and Ed sign the contract.
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3.Form and contents of contracts
• Form: May be in writing, by word of mouth (orally) by conduct, or by any combination of such. Article 10: The parties may conclude a contract in writing, orally or in other forms. Where the laws or administrative regulations require a contract to be concluded in writing, the contract shall be in writing. If the parties agree it to be in writing, it shall be in writing.
Frank’s car becomes disable on the road. Jim, driving a tow truck, stops and asks Frank if he wants help. Frank says he does. Jim repairs the car. Frank refuse to pay Jim, claiming that he stopped to help as a good Samaritan. What’s your opinion?
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• Contents: Article 12: The contents of a contract shall be agreed upon by the parties, and shall contain the following clauses in general: (1) titles or names and domiciles of the parties; (2) contract object; (3) quantities; (4) quality; (5) price or remuneration; (6) time limit, place and method of performance; (7) liability for breach of contract; and (8) methods to settle disputes. The parties may conclude a contract by referring to the model texts for each type of contract.
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（2） Bilateral / Unilateral
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• A. Bilateral contract • Contract in which both the contracting parties are bound to fulfill obligations reciprocally towards each other.
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New words
offer offerer offeree acceptance bilateral fetter enforceable
remedy breach terminate Void Voidable valid
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Introduction
Contract Law of The People’s Republic of China
Contract Law
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• • • • • •
Introduction Making a contract Regulating the bargaining process performance and non-performance Discharge of contract Remedies
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4.Types of contracts
(1) Express contract / Implied contract A. Express contract. Created orally or in writing, setting forth the intention and the legal commitment of the parties.
I promise to pay you $ 400 if you promise to sell me your car. Okay, Jim, I promise.
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• B. Unilateral contract • Created by a promise for an act. The contract does not become effective and the promise need not be performed until the act is completed. When the act is performed, then the promise must be performed.
Anyone who found my puppy, Buggie which has a name tag on its collar and return it to me shall be rewarded HK$100. Mr. A
Mr. B found the puppy and returned it to Mr. A. Mr. A refused to pay Mr. B HK$100 but only agreeing to pay him HK$50. Can B sue A ?
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Onerous contract/Gratuitous contract