合同法概述ppt(54张)
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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.
Environment of Business”, which includes a free class.
CISG
Name: United Nations Convention on Contraຫໍສະໝຸດ Baiduts for the International Sale of Goods
CISG
Four Parts: 1. General provisions, including rules on the
scope of its applications and rules of interpretation.
合同法概述(ppt54页)
Questions
1. I contract 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
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 #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).
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.
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.
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:
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.
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.
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.
(2) The rules of private international law must lead to the application of the law of a contracting state.
Environment of Business”, which includes a free class.
CISG
Name: United Nations Convention on Contraຫໍສະໝຸດ Baiduts for the International Sale of Goods
CISG
Four Parts: 1. General provisions, including rules on the
scope of its applications and rules of interpretation.
合同法概述(ppt54页)
Questions
1. I contract 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
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 #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).
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.
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.
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:
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.
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.
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.