国际商法之合同法 Chapter 4 Contract Law.ppt

Chapter 4 Contract Law  Chapter 4 Contract Law Section A Formation of Contracts 1. Main Contents: How the basic agreement arises: offer and acceptance Chapter 4 Contract Law Basic concepts and focuses: Requirements of an offer: contractual intention (invitation to negotiate/ invitation of offer), definiteness (definite and certain, material terms, minor details can be left, unimportant vague details ignored, exception to definiteness), communication of offer to offeree. Chapter 4 Contract Law Termination of offer: revocation of offer by offeror (the communication of revocation, the general rule as to the revocability of offer, a firm offer), counteroffer by offeree, rejection of offer by offeree, lapse of time, death or disability of either party. Chapter 4 Contract Law Acceptance of offer: the nature of acceptance (principle of mirror), effect of acceptance, who may accept, the manner of acceptance, communication of acceptance, what constitute an effective offer? What are the differences between the provisions in US and in Chinese law as to the revocability of offers and acceptance by mail? Chapter 4 Contract Law Section B: Breach of Contract and Remedies 1. Main Contents: The definition of a breach of contract Remedies for breach of contract: what can be done when a contract is broken. Chapter 4 Contract Law 2. Basic concepts and focuses: What constitutes a breach of contract: definition of breach, anticipatory breach (anticipatory repudiation, anticipatory repudiation by conduct) Remedies for breach of contract: 4 sorts---damages (compensatory damages, nominal damages, punitive damages), rescission (a material breach, who has the right to rescind, alternative remedies, restitution), specific performance, injunction Contract provisions affecting remedies and damages: liquidated damages (two requirements), limitation of liability clauses Section A Formation of Contracts 1. Definition of Contract a. An agreement between two or more parties,