合同法概述ppt(54张)

2. The formation of contracts.
CISG
Four Parts: 3. The rights and obligations of buyers and
sellers.
4. Provisions for the ratification and the entry into force of the Convention.
合同ct to buy a parcel of land. 2. A hires B to babysit his kids. 3. East Airlines agrees to sell 4 DC-9’s to United
Airlines for $60 million. 4. Tom agrees to sell his pencil to Tim for $1. 5. Mary buys the book “Guide to Legal
CISG
Name: United Nations Convention on Contracts for the International Sale of Goods
CISG
Four Parts: 1. General provisions, including rules on the
scope of its applications and rules of interpretation.
Key Issue #1– Types of Contracts
Quasi-contract （准合同） is an equitable remedy that applies whenever the application of contract law yields an unfair or inequitable result. •Quasi-contract is governed by equitable concepts. •It protects against unjust enrichment(不当得 利).
Either (1) both of the states must be contracting parties to the convention or;
(2) The rules of private international law must lead to the application of the law of a contracting state.
Transactions covered in CISG:
Opting in and out： The parties to a contract may exclude or modify its application by a choice of law clause. They may also use the same clause to exclude a domestic law and adopt CISG in its place depends on the rules of the state where the case is heard.
Key Issue #1– Types of Contracts
B. Based on the obligations necessary to establish the contract: Bilateral contract(双务合同): The parties exchange promises to do some future act. Unilateral contract(单务合同): one party acts immediately in response to the offer.
Key Issue #1– Types of Contracts
A. Based on the type of evidence necessary to establish the contract: An express contract is created by the parties’ words, either oral or written. An implied contract is created by the parties’ conducts.
Contract
Definition: an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law.
Contracts can cover an extremely broad range of matters.
Key Issue #2 – Applicable Law
UCC Art 2 applies only to a sale of goods (“goods” are moveable, personal property) The common law applies to all other contracts. For mixed contracts----look for the more important elements.
Environment of Business”, which includes a free class.
Transactions covered in CISG:
International sale of goods: the buyer and the seller must have their places of business in different states. &
Transactions covered in CISG: