Unit 7 Contract Law法律英语阅读教程
法律英语课件-CONTRACTLAW(2017年)合同法
• 3.Necessary Elements of a Contract
• (1) There must be an agreement between the parties;
offeror by proper assent
Termination of Offer
Termination by Offeree • Rejection
– Not terminated by inquiries or request for different terms
• Counter-offer • Expiration set of promises where the law gives a remedy when breached, and the performance of which the law recognizes as a duty.
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.
• •
• The Uniform Commercial Code
• The Restatement of Contracts • 合同法注释汇编 • 合同法重述
• 2. Formation of Contract • offer and acceptance • Offeror and Offeree • Meeting of the minds • Mutual assent • Manifestation of willingness • “mirror image” • “mailbox rule”
ContractLaw合同法
If we agree to something in dealing with the other party, the law of contracts is involved. For example, suppose we want to have a new machine built and installed by one of the firms which builds special equipment, the law of contracts forms an unseen backdrop for our attempts to acquire the machine. It is unlikely that we would have occasion to use these legal principles in a court action; but it might happen, and the best way to prevent the occurrence is to observe the following principles when the contract is formed and carried out.Agreement A contract is based upon an agreement--an offer and an acceptance To form the basis of a contract the offer and acceptance must be made with a serious intent to enter into a contractContracts must be entered into voluntarily and intentionally to be valid, This is, neither party is allowed to force the other into agreement; to do so is duress. Neither may one party persuade the other by false statements, for such is the basis of fraud. And it is just as truly fraud if the truth is concealed from one person by other. Of course, we are not all equally susceptible to being defrauded. You and I as engineers would be less likely to be frauded on an engineering contract than would a shoe vendor, for instance. Closely akin to fraud is an agreement which takes advantage of other's mistake. This does not mean a mistake as to value (for example, paying $995 for a refrigerator which you later find could have been purchased for $600). You are stuck with your bad bargain in such a transaction. And it does not mean a mistake in the interpretation of the contract terms — the parties are held to the legal meaning, and if the terms were not understood, they should have been changed. The type of mistake in which the law tends to protect the loser is more like this: Suppose we receive three bids on a machine that was estimated to cost $100,000. Two companies submit proposals at $110,000 and $105,000 and the Gray Machinery Company bids $60,000. Quite apparently someone at the Gray Company goofed; or maybe they have a way of doing the job which is greatly superior to that of their competitors. Either way, it seems reasonable that we should investigate before agreeing. In fact, if we merely accept the proposal, we may find ourselves without legal backing. In court cases on this question there seems to be a substantial tendency to relieve the unfortunate hider, for this question is far from settled law. Of course, there is a contrary argument – Gray should be more careful with offers to enter into contracts.Competency The parties to a contract must be competent to contract. If one of the parties is insane or a minor or is a corporation not chartered to do this kind of work, that party may be able to lawfully avoid performance of the contract. This seems somewhat unlikely in an engineering contract, but then improbable happenings are the stuff of which many law cases are made. Consideration Each contract must involve consideration – that is, what you get for what you give. The law usually does not concern itself with equating the value of the consideration exchanged. It is satisfied if the bargain was made freely and certain other conditions were met. That which is given as consideration must meet four requirements however: 1. It must have value -- that is, it cannot be completely devoid of value to the person receiving it. 2. It must be lawful, courts rarely uphold bargain to violate the law. 3. It must be possible. An agreement to do the impossible is more fantasy than contract. 4. It must be present or future. Past consideration is similar to a sunk cost. It cannot be used to support a present contract.Form The required form of contracts depends upon their nature – that is, certain kinds of contracts must be written to be enforceable. The categories of contracts required to be in writing are set forth in the particular state's statue of frauds. Briefly, contracts of this nature with which we are most likely to be involved are: (1) surety contracts – in the nature of "If he doesn't pay, I will", (2) contracts involving real estate, (3) contracts which cannot be performed in one year -- for example, an agreement to work for another for two years, and (4) certain types of sales contracts. This last type requires a little more explanation. It refers to sales contracts involving a price above five hundred dollars. To be enforceable, such contracts must be in writing, the buyer must take part or all of the goods involved, or the buyer must make part or entire payment. In other words, there are three ways to satisfy the statute of frauds in a sales contract.Mutuality If either person is not bound by the terms of a contract, then neither is the other. Those who write contracts occasionally make the error of writing one in such a way that one party has an opening or a "loophole" while the other seems tightly bound. It is comforting to note that one has a way out if the contract proves unfortunate. However, if the opening is there for one party to escape, the other has a right to use the same opening and there in legal effect no contract.。
法律英语法律出版社 各课课件第七课
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2020/8/12
Excusable homicide
• A person accidentally and without gross negligence causes the death of another individual.
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2020/8/12
Background
• Model Penal Code
• Model Penal Code was created by a group of law professors, judges, and lawyers to offer a comprehensive revision of the criminal law. The Model Penal Code is not law and has no binding effect. It has, however, been the model for many state criminal codes and has been very influential on state and local legislators.
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1. Murder
• Killing a human being with “malice” 恶意、预谋杀人
California Penal Code
SECTION 187-199 ：Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
【法律英语】合同法 一般规定(英文)
[B] is for version 1, * is for Version2 and [T] is for trying to translate by myself
第一条【立法目的】为了保护合同当事人的合法权益，维护社会经济秩 序，促进社会主义现代化建设，制定本法。
[B]Article 1 This Law is enacted in order to protectthe lawful rights and interests of the contracting parties, to maintain social and economic order, and to promote the process of socialist modernization.
[T]A contract in this Law refers to an agreementby which civil rights and obligations are established, altered or terminated between natural persons, legal persons or other organizations as equal parties. Agreements involving identity such as marriage, adoption, guardianship, etc. shall be governed by the provisions in other laws.
法律英语lesson7criminallaw教材教学课件
Elements of criminal composition
Actus Reus
Mens Rea
Causation
Harm
The physical element of a crime, which refers to the voluntary act or omission that constitutes the criminal behavior.
• Incomplete crime and completed crime: Incomplete crime includes attempted crime, discontinued crime, and joint crime; completed crime refers to a crime that has been completed.
Motive and purpose
The motive refers to the inner reason that prompts the actor to commit the crime; the purpose refers to the actor's hope to achieve the result through the crime.
refer to the actual harm caused by the actor's criminal act to the protected social relationship.
Causal relationship
refers to the causal relationship between the actor's criminal act and the harmful consequences.
法律英语课件-CONTRACT LAW (2017)合同法
• Gives court a reliable method to determine content of deal
Legal Significance of Offer
• Creates power of acceptance in offeree • Offeree can conclude a deal and bind
(5)Misrepresentation (6) Unconscionability (7)Illegal Contracts and Contracts Against Public Policy
Summary
• To keep two points in mind: • (1)a contract contains a present
in the class of persons to whom addressed Acceptance must be unequivocal. • Common Law: Mirror image rule –
acceptance must mirror terms of offer • Commercial Law: Any acceptance
• Conditions ---by time • Conditions precedent • (先决条件） • Concurrent conditions • （共时条件） • Conditions subsequent • （后续条件） •
undertaking or commitment concerning future conduct of the parties, and • (2)the law sanctions the commitment by putting its legal machinery behind it.
法律英语教程 齐筠 课后答案
Unit One Legal SystemListeningI. c a d a bII. statutes, constitutions, cite, interpreted, civil, cases, liability, created, modified, repealedText A.Building up your vocabularyI. Match the items in the following two columnsA-civil law b-code c-validity d-jurisdiction e-clusterf-decree g-codification h-statute i-parliament j-legislatureII. Fill in the blanks:1. subdivision2. maxim3. federal4. enforcement5. statutes6. precedent7. Legislation8.Stare decisis9. legal ,legal 10. judicial , judicialClozeDocuments lawsuit trial attorneys advisors,Clients juries alternative practice representationTranslation1. 根据美国宪法，联邦政府分为行政、立法和司法三大部门，每个部门都被认为是独立的，并且能够相互制衡。
2. 通常有三类案件可以到达最高法院，即：牵涉到诉讼当事人分属不同的州的案件，牵涉到解释联邦法案的案件和解释美国宪法的案件。
3. 大律师事务所的律师平均收入最高；他们常常代理那些最有钱且最有社会地位的当事人；而且同高层次的法官和政府官员有着密切的联系。
个人执业者和小律师事务所的律师收入最低，代理那些既没钱又没社会地位的当事人，而且主要同最低级别的法院和行政机构打交道。
《法律英语阅读教程》读书笔记模板
Unit 12 Environmental Law
CITIZENS TO PRESERVE OVERTON PARK v.VOLPE 401 U.S.402 KEY TRONIC CORPORATION，A WASHINGTON CORPORATION v.UNITED STATES OF AMERICA;
PIONEER HI-BRED INTERNATIONAL，INC.v.J.PPLY，INC.，FARM ADVANTAGE，INC.，LARRY BENZ，MERLE PRUETT，KEVIN WOLFSWINKEL，TIM KAMSTRA，AND TOM EISCHEN SEED AND CHEMICALS 200 F.3d 1374
Unit 17 Torts
JEFFREY OR H.HERMAN 499 N.W.2d 472 THE UNIVERSITY OF TEXAS—PAN AMERICAN v.TONY AGUILAR AND KAY MARIE AGUILAR 251 s.w.3d 511 BIG TOWN NURSING HOME，D TERRY NEWMAN 461 S.W.2d 195
5 Appendix II
本书部分法律 术语
Appendix III 常用拉丁语法 律词汇
Sources of Reading Materials Used in This Book
Unit 1 Introduction to Legal Reading Skills
1.The Specific Skills of Legal Reading 2.The Structure of a Judicial Opinion 3.Frequently Used Legal Terms in Opinions 4.Speed and Comprehension
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Unit 7 Contract Law
Contracts are promises that the law will enforce. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Contracts arise when a duty does or may come into existence, because of a promise made by one of the parties. To be legally binding as a contract , a promise must be exchanged for adequate consideration. Adequate consideration is a benefit or detriment which a party receives which reasonably and fairly induces them to make the promise \ contract. For example , promises that are purely gifts are not considered enforceable because the personal satisfaction the grantor of the promise may receive from the act of giving is normally not considered adequate consideration . Certain promises that are not considered contracts may ,in limited circumstances, be enforced if one party has relied to his detriment on the assurances of the other party.
Contracts are mainly governed by state statutory and common ( judge --made) law and private law. Private law principally includes the terms of the agreement between the parties who are exchanging promises . This private law may override many of the rules otherwise established by state law.
Statutory law may require some contracts be put in writing and executed with particular formalities. Otherwise , the parties may enters into a binding agreement without signing a formal written document . Most of the principles of the common law of contracts are outline in the Restatement of the Law School, Contracts , published by the American Law Institute. The Uniform Commercial Code, whose original articles have been adopted in nearly every state, represents a body of statutory law that governs important categories of contracts . The main articles that deal with the law of contracts are Article 1 (General Provisions ) and Article 2 (Sales ) . Sections of Article 9 ( Secured Transactions ) govern contracts assigning the rights to payment in security interest agreement . Contracts related to particular activities or business sectors may be highly regulated by state and \or federal law.
In 1988 , the United States joined the United Nations Convention on Contracts for the International Sale of Goods which now governs contracts within its scope.。