法律英语--合同法
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”
vocabulary(合同法法律英语)
Vocabulary of Contract Law1. Introduction to Contract1. Contract：合同2. Signature: 签名3. Loan：贷款4. Guarantee: 保证书5. Liable: 有义务的、应负责的6 Debt：债务7 Default：不履行、拖欠8. Promise：诺言、许诺9. Remedy：赔偿、补救10. Duty：责任11. Offer and Acceptance：要约和承诺12. Violate：违犯、违反13. Breach：违背、违反14. Consideration：对价15. Subject Matter：标的16. Performance：履行17. Ownership：所有权18. Real property：不动产19. Partnership：合伙20. Corporation：公司21 Executory Contract：未履行合同22 Executed Contract：已履行合同23. Express Contract：明示合同24. Implied-in-fact Contracts：默示合同25. Valid, V oid and V oidable Contracts：有效、无效和可撤销合同26. Legality：合法性、正当性27. Fraud：欺诈28. Misrepresentation: 错误表述29. Duress：胁迫2. Formation of Contract1. Offer: 要约2. Terms: 条件3. Article: 条款、物品4. Offerer: 要约人5. Offeree: 受要约人6. Firm: 公司、商号7. Commitment: 托付、承担义务8. Binding of offer: 要约的约束力9. Revocation of offer: 要约的撤销10. Contract is concluded: 合同成立11. Revoke: 撤销12. Dispatch：派遣，发出13. Irrevocable: 不可撤销的14. Termination of offer: 要约终止15. Invitation offer: 要约邀请16. Counteroffer: 反要约17. Acceptance: 承诺18. Legal systems: 法系19. Common law: 普通法20. Mailbox rule: 投邮主义21. Receipt rule: 到达主义22. Consideration: 对价23. Civil law: 民法24. Detriment: 损害3. Obligations of Seller and the Buyer1. Delivery of the goods: 货物交付2. Constructive delivery: 推定交付3. The Turning Over of Documents: 移交文件4. Claim damages: 要求损害赔偿5. Third party: 第三人6. Industrial property: 工业产权7. Intellectual property: 知识产权8. Net weight: 净重9. Taking Delivery: 接收交付（的货物）10. Excuses for Non-performance: 未履行的免责事由11. Impediment: 阻碍、障碍4. Remedies for Breach of Contract1. Remedy: 补救2. Breach of contract:违反合同、违约3. Specific performance:特别履行、实际履行4. Fundamental breach:根本违约5. Resort to:寻求6. Nonconformity:不一致、不相符7. Substitute goods:替代货物8. Avoidance:撤销9. Price Reduction:减少价金10. Proportionate part:相应部分11. Offset:弥补、抵消12. Discretion:自由裁量权13. Legal action:诉讼14. Excess Quantity:超出的数量15. Damages:损害赔偿16. Anticipatory breach of contract:预期违约17. Innocent party:无辜当事人18. Entitle:赋予（权利）。
法律英语词汇大全
法律英语词汇大全在法律领域，理解和掌握法律英语词汇是非常重要的。
本文将为您提供一个全面的法律英语词汇大全，以帮助您更好地理解和应用法律英语。
一、法律系统与机构1. Legal system - 法律体系2. Judiciary - 司法机关3. Court - 法院4. Judge - 法官5. Lawyer/attorney - 律师/律师6. Prosecutor - 检察官7. Plaintiff - 原告8. Defendant - 被告9. Jury - 陪审团10. Witness - 证人二、合同法1. Contract - 合同2. Offer - 供应3. Acceptance - 接受4. Consideration - 对价5. Mutual assent - 相互同意6. Breach of contract - 违约7. Performance - 履行8. Termination - 终止9. Damages - 损害赔偿三、刑法1. Crime - 犯罪2. Offense - 违反3. Felony - 重罪4. Misdemeanor - 轻罪5. Homicide - 杀人罪6. Robbery - 抢劫罪7. Theft - 盗窃罪8. Assault - 袭击罪9. Burglary - 入室盗窃罪10. Arson - 纵火罪四、知识产权1. Intellectual property - 知识产权2. Patent - 专利3. Trademark - 商标4. Copyright - 版权5. Infringement - 侵权6. Royalties - 版权使用费五、公司法1. Corporation - 公司2. Shareholder - 股东3. Board of directors - 董事会4. Corporate governance - 公司治理5. Merger - 合并6. Acquisition - 收购7. IPO (Initial Public Offering) - 首次公开发行六、国际法1. International law - 国际法2. Treaty - 条约3. Diplomacy - 外交4. Sovereignty - 主权5. Human rights - 人权6. United Nations - 联合国7. World Trade Organization - 世界贸易组织七、家庭法1. Family law - 家庭法2. Divorce - 离婚3. Child custody - 子女抚养权4. Alimony - 赡养费5. Prenuptial agreement - 婚前协议6. Domestic violence - 家庭暴力八、地产法1. Property law - 房地产法2. Real estate - 房地产3. Landlord - 房东4. Tenant - 租户5. Lease agreement - 租赁协议6. Eviction - 驱逐九、金融法1. Financial law - 金融法2. Banking - 银行业3. Insurance - 保险4. Securities - 证券5. Insider trading - 内幕交易6. Money laundering - 洗钱十、法律程序1. Legal procedure - 法律程序2. Jurisdiction - 司法管辖权3. Due process - 正当程序4. Statute of limitations - 诉讼时效5. Appeal - 上诉6. Habeas corpus - 人身保护令总结：本文提供了一个全面的法律英语词汇大全，包含了法律体系与机构、合同法、刑法、知识产权、公司法、国际法、家庭法、地产法、金融法以及法律程序等方面的常用词汇。
LEC学习材料-合同法
合同法CONTRACTSIn law, a contract is a binding legal agreement that is enforceable in a court of law or by binding arbitration. That is to say, a contract is an exchange of promises with a specific remedy for breach. Agreement is said to be reached when an offer capable of immediate acceptance is met with a "mirror image" acceptance (i.e., an unqualified acceptance). The parties must have the necessary capacity to contract and the contract must not be either trifling, indeterminate, impossible, or illegal. Breach of contract is recognized by the law and remedies can be provided.As long as the good or service provided is legal, any oral agreement between two parties can constitute a binding legal contract. The practical limitation to this, however, is that only parties to a written agreement have material evidence (the written contract itself) to prove the actual terms uttered at the time the agreement was struck. In daily life, most contracts can be and are made orally, such as purchasing a book or a sandwich. Sometimes written contracts are required by either the parties, or by statutory law within various jurisdiction for certain types of agreement, for example when buying a house or land.Contract formationIn common-law systems, the five key requirements for the creation of a contract are:1. offer and acceptance (agreement)2. consideration3. an intention to create legal relations4. legal capacity5. formalitiesOffer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. As a contract is an agreement, an offer is an indication by one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree.Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it isaddressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound.The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.Whether two parties have an agreement or a valid offer is an issue which is determined by the court using the Objective test (Smith v. Hughes). Therefore the "intention" referred to in the definition is objectively judged by the courts. In the English case of Smith v. Hughes the court emphasised that the important thing is not a party's real intentions but how a reasonable person would view the situation. This is due mainly to common sense as each party would not wish to breach his side of the contract if it would make him or her culpable to damages, it would especially be contrary to the principle of certainty and clarity in commercial contract and the topic of mistake and how it affects the contract. As a minimum requirement the conditions for an offer should include at least the following 4 conditions: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type ofservice. Without one of the minimum requirements of condition an offer of sale is not seen as a legal offer but rather seen as an advertisement.Acceptance is a final and unqualified expression of assent to the terms of an offer. It is no defense to an action based on a contract for the defendant to claim that he had not intended to be bound by the agreement, if his conduct demonstrated that he had.Rules of acceptanceThere are several rules dealing with the communication of acceptance:•The acceptance must be communicated: see Powell v Lee (1908) Prior to acceptance, an offer may be withdrawn.•An exception exists in the case of unilateral contracts, in which the offeror makes an offer to the world which can be accepted by some act. A classic instance of this is the case ofCarlill v. Carbolic Smoke Ball Co. [1892] 2 Q.B. 484 in which an offer was made to pay £100 to anyone who having boughtthe offeror's product and used it in accordance with the instructions nonetheless contracted influenza. The plaintiff did so and the court ordered payment of the £100. Heractions accepted the offer - there was no need to communicate acceptance. Typical cases of unilateral offers are advertisements of rewards (e.g., for the return of a lost dog).•An offer can only be accepted by the offeree, that is, the person to whom the offer is made.•An offeree is not usually bound if another person accepts the offer on his behalf without his authorization, the exceptions to which are found in the law of agency, where an agent may have apparent or ostensible authority, or the usual authority of an agent in the particular market, even if the principal did not realize what the extent of this authority was, and someone on whose behalf an offer has been purportedly accepted it may also ratify the contract within a reasonable time, binding both parties.•It may be implied from the construction of the contract that the offeror has dispensed with the requirement of communication of acceptance (called waiver of communication - which is generally implied in unilateral contracts): see also Re Selectmove Ltd [1994] BCC 349.•If the offer specifies a method of acceptance (such as by post or fax), acceptance must be by a method that is no lesseffective from the offeror's point of view than the method specified. The exact method prescribed may have to be used in some cases but probably only where the offeror has used very explicit words such as "by registered post, and by that method only": see Yates Building Co. Ltd v. R.J. Pulleyn & Sons (York) Ltd (1975) 119 Sol. Jo. 370.•Silence cannot be construed as acceptance: see Felthouse v.Bindley (1862) 142 ER 1037.•However, acceptance may be inferred from conduct.Vitiating FactorsThere are the factors affecting the validity of an otherwise effective contract. They include mistakes, misrepresentation, duress, undue influence and illegality.DischargeOnce it is determined that a party is under an immediate duty to perform, the duty to perform must be discharged. A contract may be discharged in one of the following ways:·By performance·By tender of performance·By frustration·By operation of law·By occurrence of condition subsequent·By illegality·By rescission·By novation·By cancellation·By release·By substituted contract·By accord and satisfaction·By account stated·By lapse·By effect of running of statute of limitationsBreach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance orinterference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.Remedies for Breach of Contract•Damages, which may include:o Compensatory damageso Punitive damageso Incidental damageso Liquidated damageso Nominal damages•Coercive reliefo Specific performanceo Injunctionso Restitutiono Account of profits【版权声明】《合同法CONTRACTS》的版权属于法律英语证书（LEC）全国统一考试委员会所有。
合同法中英文
合同法中英文Contract Law 合同法。
1. Introduction 简介。
1.1 The contract law is a set of legal rules and regulations governing the formation, performance, and termination of contracts. 合同法是一套规范合同的成立、履行和终止的法律规则和法规。
1.2 It aims to ensure that parties to a contract fulfill their obligations and that their rights are protected. 它旨在确保合同各方履行其义务并保护其权利。
2. Essential Elements of a Contract 合同的基本要素。
2.1 Offer and Acceptance 。
2.1.1 An offer is a proposal made by one party to another, indicating a willingness to enter into acontract. 。
2.1.2 Acceptance is the agreement to the terms of the offer. 。
2.1.3 Both offer and acceptance must be clear and definite. 。
2.2 Consideration 。
2.2.1 Consideration refers to something of value exchanged between the parties, such as money, goods, or services. 。
2.2.2 It is a crucial element to validate the contract. 。
【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】合同法 一般规定(英文)
[B]Article 2 A contract in this Law refers to an agreement amongnatural persons, legal persons or other organizations as equal parties for the establishment, modification, termination of a relationship involving the civil rights and obligations of such entities. Agreements concerning personal relationships such as marriage, adoption, guardianship, etc. shall be governed by the provisions in other laws.
法律英语Lesson9-Contract-law
Words
create create legal relations create rights and obligations
remedy vt.& n.补偿；补救；补救办法；救济权 remedies remedies for breach of contract remedies for nonpayment remedy of attachment of property during the progress of an action
Words
conclude a contract enter into a contract
property n. 财产；产业；地产 immovable properroperty property in common property of nobody property ownership property under mortgage
LESSON NINE
CONTRACT LAW
Background
★ 合同法是美国私法体系的核心和基石．
★ 美国合同法由判例法和制定法组成，并以判例法 为主要渊源．
★ 美国法学会从各州的大量合同法判例中归纳总结 合同法的基本原理和规则，写成＜Restatement of Contracts＞,经常被法官们援引，作为判案的指 导．
Words
violate vt. 违反；违背；侵犯；玷污；强奸 violate law and discipline violate the constitution
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Three Factors
There are three factors necessary to create a contract:
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Suppose that a vendor of house backs out on the deal. The vendee may sue for damages under common-law principles, but if he wants a court to force the seller to sell (specific performance) he uses principles developed in equity.
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“ordinary” common law relief nary” equity remedy of specific performance 衡平法规定的特定履行救济
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Contract —— an agreement between two or more persons.
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Three elements in a transaction ——contract
1. The agreement-in-fact
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Background
Uniform Commercial Code Consumer Protection Statutes Labor Law Insurance Law
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涉及合同问题
法律英语
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美国合同法
由法律保证执行 强制执行的限度
法律补救方法
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For instance, specific performance for the purchase of real property will be granted because common law damages are deemed to be inadequate since they cannot compensate the buyer in view of the uniqueness attributed to real property.
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Expectation damages
Agreed upon remedies
Equitable relief
法律英语
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Special characteristics of equity law： relief in the form of specific performance
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Example of Contracts
Employment contracts Service Contracts
Insurance Contracts
Sale of Intangibles(stocks, bonds, patents, copyrights,etc)
1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party
must accept the offer and there must be consideration exchanged. Consideration has to be something of value.
Not merely a shared belief A common understanding as to something
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Contract
Document The set of papers in which such
agreement is set forth. 文件——陈述契约的一系列文件。
the injunction
the development of so called maxims of equity law
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However, equitable relief regularly will lie only when the common law relief is inadequate.
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Contract Definition
A contract is basically an agreement between two or more people which creates an obligation to do, or not do, something.
The agreement creates a legal relationship of rights and duties.
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For lawyers
Contract ---- an agreement that has legal effect.
It creates obligations for which some sort of legal enforcement will be available if performance is not forthcoming as promised.
Contract Law
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The web of the law
May not be quite seamless 法律之网可能并非结实无缝 They are not ironclad and unchanging 法律并非打不破和不可改变。
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法律英语