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美國法律作業:The legal emvironment of business

時間:2019-04-25 14:26來源:未知 作者:anne 點擊:
Chapter 8 Q1 It is because he should firstly clear the nature of the contract before analyzing a contract problem. 這是因為在分析合同問題之前,他應首先明確合同的性質。 Q2 The difference between them is that an offer for a uni

Chapter 8
Q1
It is because he should firstly clear the nature of the contract before analyzing a contract problem. 這是因為在分析合同問題之前,他應首先明確合同的性質。
 
Q2
The difference between them is that an offer for a unilateral contract only needs the commitment of one party while an offer for a bilateral contract needs the commitments of two sides. Because the difference is related to the establishing and effective time of the contract, so it is important to understand. 它們之間的區別在于,單方合同的要約只需要一方的承諾,而雙邊合同的要約需要雙方的承諾。因為差異與合同的確立和有效時間有關,所以理解很重要。
 
Q3
A party must prove its damage or the unjust enrichment of the other party to recover under the theory of quasi-contract (Clarence, 1956).  一方必須證明其損害或另一方的不公正財富在準合同理論下得以恢復(Clarence,1956)。
 
Q4
The mirror image rule requires that the commitment shall strictly match the offer; otherwise it will be regarded as a counter offer. 鏡像規則要求承諾嚴格匹配要約;否則將被視為還價。
 
Q5
The mailbox rule is a principle of common law to determine the effect time of the commitment. According to this principle, in making the commitment by letter, if the offeree puts the letter into the post office, the commitment comes into effect and the contract is established. 郵箱規則是普通法的原則,用于確定承諾的效果時間。根據這一原則,在通過信件作出承諾時,如果受要約人將信件寫入郵局,則承諾生效并簽訂合同。
 
Chapter 9
Q1
The first type is the consideration to be paid; the second type and the third type are the considerations which have been paid; the fourth type is the consideration completed in the past. 第一類是要考慮的代價;第二種類型和第三種類型是已經支付的考慮因素;第四種是過去完成的考慮。
 
Q2
There are three aspects required to prove promissory estoppel: there is promise; the accepter reasonably trusts promise and act according to promise; it is fair. 證明承諾禁止反言需要三個方面:有承諾;接受者合理地信任承諾并按照承諾行事;它是公平的。
 
Q3
Yes. It is because as long as the civil action is voluntary, $1 can be adequate consideration. 是。這是因為只要民事訴訟是自愿的,就可以充分考慮1美元。
 
Q4
The first exception is if the parties mutually agree to change the terms of the contract. The second exception is that a third party offers a promise contingent upon performance of the contract. The third exception is that parties renegotiate contracts to include additional benefits. 
 
Q5
The three elements include the main body for satisfaction, the object for satisfaction, and the place, time, and fare for satisfaction. 
 
Chapter 10
Q2
The obligations are civil liability for breach of contract produced by disaffirming a contract of the minor, which is compensatory. It is the responsibility of property, not personal responsibility. 
 
Q3
The contract which is in the range of the behavior ability and cognitive ability of minors is not subject to that. 
 
Q4
Crazy is just a character trait of the man. It has no relation to the effect of the contract he entered into. The contract validity has connections with the age and metal state of the man. 
 
Q5
The establishing process of the contract, the conditions of the parties, the content, the aim, the duration, and the scope of the contract are all factors that determine the legal validity of a covenant.
 
Q6
Contract in restraint of trade is contractual restrictions on freedom to conduct business, and is one of the unconscionable contracts (Jan, 1907). 
 
Chapter 11
Q1
The cause of unilateral mistake is the meaning representation error of one party while that of mutual mistake is two parties’ error. Their results are also different. 
 
Q2
When the law adopts the doctrine of autonomy, a unilateral mistake can lead to a contract’s being voidable. 
 
Q3
The innocent misrepresentation means the party should bear the responsibility for compensation even if there is no intent or negligent false statement. The fraudulent misrepresentation means a party intentionally makes a false statement. 
 
Q4
When the circumstance changes, the truth is not the whole truth, the contract is of the utmost good faith, and it is fiduciary relationships, the nondisclosure can be treated as misrepresentation. 
 
Q5
Undue influence means all the facts that illegally influence the independent judgment and voluntarily contracting of one party. General undue influence includes duress.
 
Chapter 12
Q1
The statute of frauds under the UCC requires the written form as the minimum requirements, stricter terms applied between traders, and exceptions in written form. 
 
Q2
The contract for the sale of goods, contracts for lease, and contracts for construction projects. 
 
Q3
Exceptions: the evidence on the validity of the contract; the semantics of the terms of the contract is not clear; indirect protocol; modification after the conclusion of the contract. Because in the judicial practice, these evidences will not change or deny the terms of the contract in dispute, and also not add new content to the contract. 
 
Q4
Delegation is the assignment of responsibility or authority to another person to carry out specific activities (Jason, 2011). 
 
Q5
Because the incidental beneficiaries have no legal basis of receiving benefits, so they are not able to enforce such rights. Only donne beneficiaries and creditor beneficiaries can enforce such rights. 
 
Q6
After rights have been transferred to a third party, the assignor has no liability, but the delegator still assumes all the liability as before. 
 
Q7
The desirability is to encourage the transfer of contractual rights and accelerate the economic circulation, which is simple, quick, and convenient for transaction. 
 
Reference 
Clarence, S, 1956, ‘Quasi-Contract’, The Modern Law Review, Vol. 19, No. 3, pp. 255-269.
 
Jason, M, 2011, ‘Duplicative delegations, Administrative Law Review’, Vol. 63, No. 2, pp. 181-244.
 
Jan, L, 1907, ‘Contracts: Restraint of Trade’, Michigan Law Review, Vol. 5, No. 3, pp. 203-204.
 


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