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1、法律英语L1 Introduction法律英语-期末评分细则Assessment Percentages: 10% Attendance & Participation 15% Law Forum 15% Writing: Weekly Case Reports 10% Monthly Quizzes 50% Final Exam法律英语学习内容Content(substantive legal knowledge):Contracts under the common law International commercial contracts under the CISGDefinitio
2、n and types of contract An introduction to the history and development of the CISGApplicability of the CISG Formation of contracts Validity of contractsValidity and formation of international sales contractsWarranty provisionsBreach and remedies Remedies for breach of contractDischarge Excuses for n
3、onperformanceA case report consists of: Title of the case Facts Legal issue (more than one ; legal issues disputes of parties)-Legal issue is the point or points of law addressed by the case.- Through Comparing the claims of opposite parties and the key argument is usually the legal issue of the cas
4、e, which is presented to judge to make decision. Reasoning = relevant rules - the application of those rules - the conclusion the court reached HoldingL2 Conflict of laws1In the international business transaction, such as, in an international sales contract, the parties from different countries are
5、involved, and the contracting place may be different from the place of performance. If there arises dispute, what matters must the parties concern with?-Which countrys law will apply to the contract?-Where will the case be heard?2To know what law applies to a contract, court will resort to conflict
6、of law rules.( conflict of law is the area of law of each legal system which regulates how to deal with cases involving a foreign factor.)But application of conflict of law rules may bring about uncertainty and lack of predictability over how the case will be resolved, thus increase the risk of an i
7、nternational sale.3To avoid uncertainty and unpredictability of conflict of law, many international contracts designate the parties choice of law which is to apply in case of dispute. That is, according to the rule of autonomy of the (partys) will, the parties agree upon which law will govern a cont
8、ract and make a choice of law clause in their contract.4the CISGL3 - History and Development of the CISGHow to deal with contract disputes in international transactions? -Where should the case be heard?-Which law should be the applicable law of the case?1. Autonomy of parties will When contract part
9、ies specify the choice of law and choice of forum, courts in most countries will require the parties to honor their contractual commitment.2. Conflicts of law3. The CISGAbout the CISG (p110 chapter4)1. Which organization drafted the CISG, UNIDROIT or UNCITRAL?2. Whats the main difference between the
10、 CISG and the other codes made by the UN?3. How did the CISG become the U.S. law?.T or F statements1. T -Treaties prevail over state statutes in the U.S.2. T - The CISG prevails over the UCC.CISG (federal law)UCC (state statutes)PART ISPHERE OF APPLICATION AND GENERAL PROVISIONS(适用范围和准则)Chapter ISPH
11、ERE OF APPLICATIONArticle 1(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting St
12、ate. (2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract. (
13、3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of this Convention. There are three conditions if The CISG is applicable:a -the commercial sale of goods; b- between two
14、parties whose places of business are in different countriesc- the places of business are located in countries that have ratified the convention.（How to decide “place of business”?）Article 2This Convention does not apply to sales: (a) of goods bought for personal, family or household use, unless the
15、seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use; (b) by auction; (c) on execution or otherwise by authority of law; (d) of stocks, shares, investment securities, negotiable instruments or money; (e) of
16、ships, vessels, hovercraft or aircraft; (f) of electricity. What sales are excluded from the CISG? And why?L4 ContractPart1. A General Introduction to Contract definition of a contractA contract is an agreement between competent parties based on the genuine assent of the parties, which is supported by consideration and made for a lawful objective and in the form required by law, if any. The basic requirement
