文档介绍：1 Chapter 2 The Law of Contract Introduction to Contracts 1. Definition 2. Basic requirements of a contract 3. Types of contracts 2 Facing a Legal Problem ? Jack offers to pay Simone $10 if she walks across the Golden Gate Bridge. If, without saying a word, Simone walks across the bridge, do she and Jack have a contract? ? If Simone tells Jack no and turns and walks away, are there any legal consequences? ? If no one says anything more, but Barry rather than Simone starts to walk across, do Jack and Barry have a contract? 3 Definition of Contract ? A contract is an agreement based on mutual promises between two or petent parties to do or to refrain from doing some particular thing that is neither illegal nor impossible .? Contract – a voluntary exchange of promises or commitments that are enforceable in our courts---giving each a legal duty to the other and also the right to seek a remed y for the breach of the promises/duties . 4 Parties to a Contract Offeror 要约人: The party who makes an offer to enter into a contract. Offeree 受要约人: the Party to whom to enter into a contract is made . Exhibit 2-1 5 Offeror Offeree Offer Acceptance Offeror makes an offer to the offeree . Offeree has the power to accept the offer and create a contract. 6 Basic Requirements The elements of a contract Agreement 协议 Consideration 对价 Contractual capacity 缔约能力 Legality 合法性 Two defenses to the formation or enforcement of a contract Genuineness of assent 同意的真实 Form 形式 7 Types of Contracts (1) Unilateral Contract 单务合同 Versus Bilateral Contract 双务合同 A promise for an act (acceptance is the completed performance of the act) A Promise for a promise 8 Example 2-1 Mai offers to buy Harry ’ s sailboat, moored in San Francisco, upon delivery of the boat to Mai ’ s dock in Newport Beach, 300 miles south of San Francisco. Harry rigs the boat and sets sail. Shortly before his arrival at Newport Beach, Harry receives a message from Mai withdra