描述
开 本: 16开纸 张: 胶版纸包 装: 平装是否套装: 否国际标准书号ISBN: 9787566307255丛书名: 高等院校法律专业双语课程规划教材
1 International Commercial Contracts in Brief
2 The Fundamental Principles ofContracts
3 The Sources OfContract Law
4 The Relations ofContract Law visa—a—visa OtherAreas ofLaw
Explanatory Notes
Exercises
Chapter 2 The Agreement
〔Case Analysis〕
1 Introduction
2 Offer
3 Accptance
Explanatory Notes
Exercises
Chapter 3 Consideration and Promissory Estoppel
〔Case Analysis〕
1 Consideration
2 Promissory Estoppel
Explanatory Notes
Exercises
Chapter 4 Form
〔Case Analysis〕
1 Introduction
2 Contracts in Deed
3 Contracts that must be in Writing
4 Contracts which must be Evidenced in Writing
5 Writing Requirements in Different Laws
6 Basis for Avoidance ofWriting Requirement。
Explanatory Notes
Exercises
Chapter 5 Capacity
【Case Analysis〕
1 Intrduction
2 The Capacity ofInfants
3 Mental Incapacity and Intoxication
4 Capacity ofCorporations
Explanatory Notes
Exercises
Chapter 6 Terms of Contract
【Case Analysis〕
1 TerlTIS ofContract
2 Classifications OfTerms
3 Interpretation of Contractual Terms
Explanatory Notes
Exercises
Chapter 7 Mistake
〔Case Analysis〕
1 Introduction
2 Mutualistake
3 Unilateral Mistake
4 Special Remedies for Mistake Relating to Written Documents
Explanatory Notes
Exercises
……
Chapter 14 Damages
Chapter 15 Privity and Third Parities
4．1．1 The law of obligations has been traditionally dividedamong contract that is aboutobligations voluntarily undertakenand owed to a specific person or people and tortthat is about thewrongful infliction of bodily or property harm to certain classofpersons for whom law usually imposes many duties，and restitutionthat is about therestitution of unjust enrichment of the defendantat the claimant’s expense．In contrastto each other，contractliabilities are designed for failing to make thingsbetter，whiletort liabilities are designed for correcting thingsmade worse and restitutionary1iabilities are for uniustly taking orretaining the claimant’s benefits．In short，theyserVe difeferemsituations and offer remedies for the injured parties．However，duetothe complexities involved in action and many theories competingfor application，theyoften overlap each other and create certaindifficult issues both in theory and practice．
4．2 Contract and tort
4．2．1 In theory，contractual duties are voluntarily assumedand tort duties imposed by law，so thev respond to different kindsof injury and develop different rules．This meansthat a court isusually unwilling to find a tort liability where the parties are inacontractual relationship or may hold that a contract term hasexcluded or limited whatwould othenⅣise be a tortuousduty，partially in an attempt to avoiddoublecompensation．However，certain events，such asmisrepresentation，may give rise toan action intort，or，professionals like accountants and lawyers may owe a dutyofcare in tort to their clients even though their relations areessentially contractual．Thismeans that tort liability may arise ina situation of negligent breach of contract．Thus，there is a roomfor claimants to select the cause of action，whether be it an actionfortort or contract，so as to maximize the result of theaction．However，this book willfocus upon the contract and generallyleave this issue aside．
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