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1、Contracts & Agreements,何 宇 1433577 张棕奕 1433572 王 可 1433568,Definition of Contract 何 宇 1433577,an agreement between two or more parties that is enforceable by law, a legally enforceable and legally binding agreement. A contract is an agreement or promise that the law can enforce. The law will enforce
2、 some agreements but not others. For example, in most places, if a parent promises to take a child to get ice cream, the law will not enforce that promise as a legal contract. The legal rules about which promises are enforced by the law can be different in different places (or jurisdictions), but a
3、contract is usually enforced only if it is made by people or groups who want it to be enforced and who know what they are doing.,Sometimes, a contract is written down and signed by the people agreeing to it, but it does not always need to be. People usually sign a contract when something important o
4、r costly is being done. For example, when people take a job, they will sometimes sign a contract with their employers. The contract will show what the person must do as part of his job, how much they will be paid, and so on. The person and the employer will sign the contract, and it will become a le
5、gal promise.If someone breaks a contract, another person might sue him or her. In a lawsuit about a contract, the court will look at the contract, listen to what the people who made the contract say about it, and then make a decision about what the contract means.,valid contract,agreed by parties co
6、ncernedsupported by considerationmade by parties baving the capacity to contractbased on these parties genuine assentgrounded in a legal undertakingexpressed in proper form,Arisen place,China,Great Britain,continental Europe,the United States,Classification,formal or informalunilateral or bilateralv
7、alid ,voidable ,void or unenforceable(有效的，可撤销，无效或无法执行)express or implied executed or excretory,simple contrancts,simple contract do not depend for their validity on any particular formality in their execution but rather on the existence of lagal considerationa simple may be written or verbal or may
8、even be implied from the acts and conduct of the parties.,specialty contracts,contract by special depend for their validity on the formality in their executionthey must be written, sealed and delieved by the party to be bound by the contract.usual formcovenant(协议、公约),Trade Agreement,A trade agreemen
9、t (also known as trade pact) is a wide ranging tax, tariff and trade treaty that often includes investment guarantees. The most common trade agreements are of the preferential and free trade types are concluded in order to reduce (or eliminate) tariffs, quotas and other trade restrictions on items t
10、raded between the signatories.,Treaty,A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange o
11、f letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.,Differences between treaties and contracts,A contract is not binding if one of the parties has forced the other party into a
12、greement.But the use of force does not make a treaty void unless the force is used against the government representative who is working out the treaty termsUnlike a private contract , a treaty does not go into effect until it is ratified,Different kinds,PoliticalCommercialConfederationExtradition Ci
13、vil justiceNegotiation,Linguistic Feature of Contracts or Agreements,张棕奕 1433572,Clear-aimed Readership,not extensiveparties concerned and related personnelvery limited readership,Factual Contents,purpose: formulate and specify the rights and obligationsfactual contents characterize all contracts an
14、dagreementsterms and conditions should be stated clearly,Standard Format,preamblenames, statutory address, objective and principles, etc.textcore, rights and obligations, other essential points.concluding clausesplaced after the text.,Carefully Wording,In the pastsealed with waximprinted with ones i
15、nsignia or mark,(1)The language is as precise, clear and explicit as possible.(2)The drafter does not neglect the standard of limited usage for keeping to the standard of general usage.(3)Ordinary words are used to express ordinary meanings; technical words are used to express technical meanings.(4)
16、Archaic compound words and legal terms are frequently used.,Supplementary,The most-favored-nation clauseTariffA yellow-dog contract The small business administration,The most-favored-nation clause,最惠国条约,Signatory nations,unconditional,conditional,Rights & privileges,Tariff,Customs duty,exports,imports,Hostile Gov.,Friendly Gov.,revenue,A yellow-dog contract,employer,employees,Labor-union,prohibits,join,
