文档介绍：CONTRACT LAW
Lesson One Introduction
Lesson Two Performance and Non-Performance
Lesson Three Contract Remedies and Computation of Damages
Lesson Four Rights of Third Parties
Lesson One Introduction
Case:
the Cotton Cases of 1973
“The critical issue is whether there was an enforceable promise to buy for each promise to sell. We believe there was.”
contracts
I. Contract Nature
１．Contract　and 　contract　 law 　
　　　A contract is a promise or a set of promises which the law will protect and enforce.
　　　The common law countries stress the contract as a kind of “promise,”
the civil law countries concern on the “agreement between the parties.”
A promise or set of promises where the law gives a remedy when breached, and the performance of which the law recognizes as a duty.
Contract law
Contract law is most obviously the law relating to agreements or promises.
The bulk of American contract law is judge-made case law.
The Uniform Commercial Code
The Restatement of Contracts
合同法注释汇编
合同法重述
2. Formation of Contract
offer and acceptance
Offeror and Offeree
Meeting of the minds
Mutual assent
Manifestation of willingness
“mirror image”
“mailbox rule”
Offer and Acceptance
Consideration
No Defenses to Formation
Offer and Acceptance
Why important to have offer and acceptance rules?
Helps court decide whether negotiations or an actual bargain
Ensures parties agreed on a minimum quantity of terms
Gives court a reliable method to determine content of deal
Legal Significance of Offer
Creates power of acceptance in offeree
Offeree can conclude a deal and bind offeror by proper assent