法律英语--合同法

If the agreement is broken, then the law provides certain remedies.
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Three Factors
There are three factors necessary to create a contract:
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Suppose that a vendor of house backs out on the deal. The vendee may sue for damages under common-law principles, but if he wants a court to force the seller to sell (specific performance) he uses principles developed in equity.
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“ordinary” common law relief nary” equity remedy of specific performance 衡平法规定的特定履行救济
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Contract —— an agreement between two or more persons.
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Three elements in a transaction ——contract
1. The agreement-in-fact
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Background
Uniform Commercial Code Consumer Protection Statutes Labor Law Insurance Law
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涉及合同问题
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美国合同法
由法律保证执行 强制执行的限度
法律补救方法
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For instance, specific performance for the purchase of real property will be granted because common law damages are deemed to be inadequate since they cannot compensate the buyer in view of the uniqueness attributed to real property.
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Expectation damages
Agreed upon remedies
Equitable relief
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Special characteristics of equity law： relief in the form of specific performance
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Example of Contracts
Employment contracts Service Contracts
Insurance Contracts
Sale of Intangibles(stocks, bonds, patents, copyrights,etc)
1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party
must accept the offer and there must be consideration exchanged. Consideration has to be something of value.
Not merely a shared belief A common understanding as to something
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Contract
Document The set of papers in which such
agreement is set forth. 文件——陈述契约的一系列文件。
the injunction
the development of so called maxims of equity law
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However, equitable relief regularly will lie only when the common law relief is inadequate.
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Contract Definition
A contract is basically an agreement between two or more people which creates an obligation to do, or not do, something.
The agreement creates a legal relationship of rights and duties.
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For lawyers
Contract ---- an agreement that has legal effect.
It creates obligations for which some sort of legal enforcement will be available if performance is not forthcoming as promised.
Contract Law
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The web of the law
May not be quite seamless 法律之网可能并非结实无缝 They are not ironclad and unchanging 法律并非打不破和不可改变。
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法律英语