合同法 合同法案例
这篇文章将会向你提供合同法、合同法案例及今天如何使用合同法的概述。也有合同违法案件的案例和一些免费的法律文章的案例。如果你想看到更多法律散文的示例,随后可以访问我们的免费论文章节。
什么事合同法?
合同法是一整套的在两个或两个以上的人(个人,公司或其他机构)销售货物、提供服务及交换利益或所有权时,之间协议的关系、内容和有效性的规则。虽然这是一个广泛的定义,并没有覆盖全部合同法中适用范围的情况。这样做的原因是日常生活中常出现数量巨大的合同的例子。
合同法更正式的定义是一个承诺或设定一个法律强制执行的承诺。还有一种带有一些竞争观点的定义,合同是一份上升为强制的、或由法律认可的义务。无论哪种定义,都确认了法律以执法方式参与,这表明如果有违规或违反该协议的条款,则受害方可以通过法院寻求追索权。
contract law Contract Law Cases
Contract law
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What is Contract Law?
The law of contract is a set of rules governing the relationship, content and validity of an agreement between two or more persons (individuals, companies or other institution) regarding the sale of goods, provision of services or exchange of interests or ownership. While this is a wide definition it does not cover the full ambit of situations in which contract law will apply. The reason for this is due to the vast number of examples in which contracts can arise in everyday life.
Contract law has been more formally defined as a promise or set of promises which the law will enforce. Another definition and a somewhat competing view, is that a contract is an agreement giving rise to obligations which are enforced or recognized by law. Either definition confirms the involvement of the law by way of enforcement, suggesting that should there be an infraction or breach of the terms of the agreement then the aggrieved party may seek recourse via the Courts. As is noted above, a contract can arise is a plethora of scenarios; from buying a loaf of bread in the corner shop, to the sale of a house. It is unsurprising therefore that certainty is needed before the Courts will intervene to enforce any agreement. The law of contract has confirmed the basic foundations of any contract, regardless of its complexity and substance, that it must contain to make the agreement enforceable in law.
There must be an offer and this must be accepted to make an agreement. While this would in the first instance appear to be self explanatory, it is important to distinguish between what the law says amounts to a valid offer. An offer can be made orally, in writing or by way of conduct. Regardless as to the manner of the offer, it is the willingness or intention of the person making the offer (the offeree) which is of importance, and that is clearly subjective. If a person says that I want to sell this orange for ㏒1.00 but then mistakenly advertises it for 1p, and that offer is accepted, then a valid agreement will be upheld. Simply because there was a mistake in the offer, it does not invalidate the contract. There was an intention to sell on the part of the offeree. It is important to distinguish at this point however between an offer and an ※invitation to treat§.
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