英美合同侵权法

Case discussion

1. Mr. X is regular customer of Mr. Y, the owner of a bookstore. One morning, Mr. X went into Mr. Y’s bookstore, looked at some books, and picked up a book. Because Mr. X forgot bringing money with him, he promised Mr. Y that he would pay for the book the next day. Mr. Y agreed. Is there a contract? If so, classify it within the types in this chapter. (Express contract; unilateral contract; valid contract; executor contract)

2. Mr. X called a neighbor and offered to sell her his computer next

week for 200 dollars. If his neighbor wished to accept, she could call back to him. The next morning, she called back and said she was willing to buy the computer. Is the contract formed bilateral or unilateral? Why? Bilateral contract, because each of the contracting parties makes a promise.

3. While Mr. X was gardening in Mr. Y’s yard, Mr. Y was reading a

book at home. Then Mr. Y stood by the window and watched Mr.

X do the work once in a while. When Mr. X had finished the work.

Mr. X asked Mr. Y to pay for his work. Do you think there is an

implied or a quasi contract between them? Why? Implied contract

课本7 Silence is not an effective acceptance unless an offeree

takes the benefit of the offered services.

1.If you offer to sell a friend a computer worth1000 dollars for

100dollars, your friend accepts the offer. Is there a binding

agreement between you? Yes.课本53

2. Suppose Mr. X orally offered to sell Mr. Y a used car for 5000

dollars. Two days later Mr. X notified Mr. Y that the car was no longer for sale. In that case, could Mr. X end the offer? Yes. Oral contract课本100页

3. Assume Mr. X sent a letter to Mr. Y offering to sell a bicycle for

50 dollars. Mr. Y sent a return letter to Mr. X rejecting the offer. A

week later Mr. Y decided to accept the offer. Could Mr. Y accept the bicycle? No, the offer is terminated because of rejecting by the offeree Mr.Y. it is a new offer , Mr .Y is offeror; Mr.X is offeree. So Acceptance Must Be Accepted Only by the Offeree Mr.X.

4. Suppose a man helped you pull your car out of ditch. After that,

you promised to give him 30 dollars for the help, and the man agreed. Would the promise be binding? No. Preexisting obligations. A promise to do something that one is already obligated….not constitute consideration.课本66页

Case discussion:

1.Suppose you were induced to buy a second-hand car. Before you bought the car the dealer stated that the engine had recently been rebuilt. Actually it had not. After you bought the car, you had engine troubles and the car stopped running. If you wanted to break the