文档介绍：CONTRACT LAW
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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
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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.”
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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.”
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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.
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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.
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The Uniform Commercial Code
The Restatement of Contracts
合同法注释汇编
合同法重述
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2. Formation of Contract
offer and acceptance
Offeror and Offeree
Meeting of the minds
Mutual assent
Manifestation of willingness
“mirror image”
“mailbox rule”
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Offer and Acceptance
Consideration
No Defenses to Formation
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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
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