国际商务英语 课件整理.docx

1、国际商务英语 课件整理CHAPTER 2International Business LawPROMISEsomething that has the effect of an express assuranceindication of what may be expected. COMMITMENTthe act of committing, pledging, or engaging oneself. PLEDGE a solemn promise or agreement to do or refrain from doing somethinga pledge of aid; a p

2、ledge not to wage war. Law. a. the act of delivering goods, property, etc., to another for security. b. the resulting legal relationshipREMEDY 1.something that cures or relieves a disease or bodily disorder; a healing medicine, application, or treatment. 2.something that corrects or removes an evil

3、of any kind. 3.Law. Legal redress; the legal means of enforcing a right or redressing a wrong.Breach - Violation of duty, right or legal obligation.Law Law4 is a system of rules, usually enforced through a set of institutions.5 It shapes politics, economics and society in numerous ways and serves as

4、 a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Contract law focuses on what kinds of promises will be enforced by our society and government and what kind of promises will not be binding. Kinds of

5、Law Common Law Code Law Customary Law Muslim Law Mixed Lawcommon law n.The system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws. A system of law that is derived fr

6、om judges decisions (which arise from the judicial branch of government), rather than statutes or constitutions (which are derived from the legislative branch of government). Decision A judges written conclusion that is arrived at after some period of consideration.CODE LAW Statute A formal written

7、enactment of a legislative body. (Blacks Law Dictionary)Judicial Branch of GovernmentThe Judiciary explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. The Judicial Branch is in charge of the court system. There are three different k

8、inds of courts found in the federal court system.District Court / Local Trial CourtAppellate Court The Appellate Courts handle cases where the losing party believes the decision was wrong or unfair.Appellate Court / Court of AppealLegislative Branch of GovernmentThe Legislative branch, writes laws o

9、n a bill. Civil lawCivil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges.1The principle of civil law is to provide all citizens with an accessible and written collection of

10、 the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world. SUMMARYCOMMON LAW LAW based on tradition and depending less on written statutes and codes than on precedent and custom used in the United States.CODE / CIVIL LAWLAW ba

11、sed comprehensive set of written statutes.Key Points1. What is a Contract?A formal agreement, usually in writing, that is enforceable or binding.It is a promise or set of promises for which the law will provide remedy in the event of breach.it is the result of some agreement between 2 or more indivi

12、duals or groups.The agreement creates some obligations among the parties involved. “freedom to contract” Right of an adult to make a legally binding mutual agreement with one or more other persons, without governmental interference as to what type of obligations he or she can take upon himself or he

13、rself. Most people have the right or ability to enter into contracts“freedom from contract”sometimes the law will prevent the enforcement of some contracts because they may be unfair or unjust (called “freedom from contract”). Some contracts are simple and can be formed very easily.Some are more com

14、plicated and may require many documents or pages of a written agreement.Not every contract has to be in writing, but it may be wise to put some contracts in writing to avoid disputes as to what the exact terms of the contract are.ELEMENTS OF A CONTRACT 1. Agreement Offer Acceptance2. Considerations3

15、. Legal capacity4. Legal purpose1. AGREEMENTAn agreement is established by an offer and an acceptance.OFFERA: presenting of something for acceptance B : an undertaking to do an act or give something on condition that the party to whom the proposal is made do some specified act or make a return promi

16、se OFFER and ACCEPTANCEAs a contract is an agreement, an offer is an indication by one person (the offeror) to another (the offeree) of the offerors willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an off

17、er (agreement to the terms in it) has been communicated to the offeror by the offeree. PARTIES TO AN OFFER Offeror the person who makes an offer Offeree the person to whom the offer is madeRequirements of a legitimate offer:Serious intent by the offeror to be bound by the offerNot legitimate/valid o

18、fferThe law provides:Serious intent will be decided by an objective view of the circumstances objective view of the circumstances based on facts subjective view of the circumstances based on opinions2. Reasonably certain or definite termsDefiniteprecise; explicit and clearly defined; known for certa

19、in predictable with great confidence 3. Communication of the offer by the offeror to the offereeWhat is NOT an OFFER?Expression of an opinionAn invitation to submit a bidAdvertisementCOUNTER-OFFER . an offer made in response to a previous offer by the other party during negotiations for a final cont

20、ract. Making a counter offer automatically rejects the prior offer Requires an acceptance under the terms of the counter offer or there is no contract. Example: Susan Seller offers to sell her house for $150,000, to be paid in 60 days; Bruce Buyer receives the offer and gives Seller a counter offer

21、of $140,000, payable in 45 days. The original offer is dead, despite the shorter time for payment since the price is lower. Seller then can choose to accept at $140,000, counter again at some compromise price, reject the counter offer, or let it expire. ACCEPTANCE Acceptance is the voluntary act by

22、the offeree that shows consent to the terms of the offer.Unilateral Contractvs.Bilateral ContractUNILATERAL CONTRACT Definition 1 Contract arising where one party (the promisor) makes an offer to pay another party (the promisee) in return for the performance of an act, and the promisee gives his or

23、her assent by performing the said act. A reward offered for providing certain information is an example of a unilateral contract. Definition 2 Type of contract in which only one of the contracting parties is under an enforceable obligation. For example, under an insurance contract, only the insurer

24、makes a promise (to make a loss good or pay compensation) whereas the insured does not make any promise and, to keep his part of the deal, only pays a premium. In a unilateral contract, only one party to the contract makes a promise. A bilateral contract, is an agreement in which each of the parties

25、 to the contract makes a promise or promises to the other party. For example, in a contract for the sale of a home, the buyer promises to pay the seller $200,000 in exchange for the sellers promise to deliver title to the property. Unilateral Contractvs.Bilateral ContractUNILATERAL CONTRACTIn a unil

26、ateral contract, only one party to the contract makes a promise. BILATERAL CONTRACT Reciprocal arrangement between two parties under which both parties promise to perform an act in exchange for the other partys act. Acceptance must be unequivocal It must match the terms of the offer.Acceptance must

27、be through the exclusive means of communication authorized by the offeror.Acceptance must be timely in order to be effective or valid.2. CONSIDERATIONSConsideration is the legal concept of value in connection with contracts. It is anything of value in the common sense, promised to another when makin

28、g a contract. It can take the form of money, physical objects, services, promised actions, or even abstinence from a future action. If either promisee already had a legal obligation to render such payment, it cannot be seen as consideration in the legal sense. In common law consideration it is a pre

29、requisite that both parties offer some consideration before a contract can be thought of as binding.3. LEGAL CAPACITY Sometimes the capacity of either natural or artificial persons to either enforce contracts, or have contracts enforced against them is restricted. Errant employees or directors may b

30、e prevented from contracting for their company, because they have acted ultra vires (beyond their power). LEGAL CAPACITYVery small children may not be held to bargains they have made, on the assumption that they lack the maturity to understand what they are doing; NO LEGAL CAPACITY (minor) Another e

31、xample might be people who are mentally incapacitated, either by disability or drunkennessNO LEGAL CAPACITY (insane)NO LEGAL CAPACITY (drunk)NO LEGAL CAPACITY (drug addict)When the law limits or bars a person from engaging in specified activities, any agreements or contracts to do so are either voidable or void for incapacity. The law on capacity can serve either a protective function or can be a way of restraining people who act as agents for others. 4. LEGAL PURPOSE For a contract to be enforceable under