date是什么意思英美合同侵权法

Case discussion

1.

Mr.

X

is

regular

customer

of

Mr.

Y,

the

owner

of

a

bookstore.

One

morning, Mr. X went into Mr. Y’s bookstore, looked at some books, and

picked

up

a

book.

Because

Mr.

X

forgot

bringing

money

with

him,

he

promised Mr. Y that he would pay for the book the next day. Mr. Y agreed.

Is there a contract? If so, classify it within the types in this chapter.

(Express contract; unilateral contract; valid contract; executor contract)

2. Mr. X called a neighbor and offered to sell her his computer next

week for 200 dollars. If his neighbor wished to accept, she could

call back to him. The next morning, she called back and said she

was willing to buy the computer. Is the contract formed bilateral or

unilateral?

Why?

Bilateral

contract,

because

each

of

the

contracting parties makes a promise.

3. While Mr. X was gardening in Mr. Y’s yard, Mr. Y was reading a

book at home. Then Mr. Y stood by the window and watched Mr.

X do the work once in a while. When Mr. X had finished the work.

Mr.

X

asked

Mr.

Y

to

pay

for

his

work.

Do

you

think

there

is

an

implied or a quasi contract between them? Why?

Implied contract

课本

7

Silence

is

not

an

effective

acceptance

unless

an

offeree

takes the benefit of the offered services.

you

offer

to

sell

a

friend

a

computer

worth1000

dollars

for

100dollars,

your

friend

accepts

the

offer.

Is

there

a

binding

agreement between you?

Yes.< /p>

课本

53

2. Suppose Mr. X orally offered to sell Mr. Y a used car for

5000

dollars.

Two

days

later

Mr.

X

notified

Mr.

Y

that

the

car

was

no

longer for sale. In that case, could Mr. X end the offer?

Yes. Oral

contract

课本

10 0

页

3. Assume Mr. X sent a letter to Mr. Y offering to sell a bicycle for

50 dollars. Mr. Y sent a return letter to Mr. X rejecting the offer. A

week later Mr. Y decided to accept

the offer. Could Mr. Y accept

the bicycle?

No, the offer is terminated because of rejecting by the

offeree Mr.Y. it is a new offer , Mr .Y is offeror; Mr.X is offeree. So

Acceptance Must Be Accepted Only by the Offeree Mr.X.

4. Suppose a man helped you pull your car out of ditch. After that,

you

promised

to

give

him

30

dollars

for

the

help,

and

the

man

agreed.

Would

the

promise

be

binding?

No.

Preexisting

obligations.

A

promise

to

do

something

that

one

is

already

obligated

…

.not constitute consideration.

课本

6 6

页

Case discussion:

e

you

were

induced

to

buy

a

second-hand

car.

Before

you

bought

the

car

the

dealer

stated

that

the

engine

had

recently

been

rebuilt.

Actually

it

had

not.

After

you

bought

the

car,

you

had

engine

troubles

and

the

car

stopped

running.

If

you

wanted

to

break

the

contract,

what

defense

can

you

have?

Misrepresentation.

It

is

the

creation of an impression in the mind of another person which is not in

accord with the actual acts of the situation.

当事人在订立合同的过程中

?

(1)

要约的概念、

构成要件

（

definition of offer elements of offer

）

An

offer

to

contract

is

a

manifestation

of

intention

to

be

presently bound by a series of definite and specific term, which is

communicated to the offeree and creates power in the offeree to

accept.

s Intention

意图严肃

To a reasonable person, the offeror did in fact intend to make an

offer and to be presently bound by it.

在通情达理的人看来，

要约人必须严 肃认真地向受要约人发

出要要约，并且受其约束

teness

明确性

An effective offer must have definite terms.

有效要约条款必须明确。

ication

送达

?

(2)Termination of the Offer

要约终止

1.

Lapse of Time

时效经过

An offer terminated automatically by law

when

the

definite

period

of

time

or

a

reasonable

time

has

passed.

经过特定的一段时间或者合理时间后，要约自动终止。

tion by the Offeror

要约人撤销

The offeror has the legal right to withdraw an offer before it is

accepted.

要约人有权在要约被承诺前撤销要约。

3. Rejection by the Offeree

受要约人拒绝

The

offer

may

be

rejected

by

the

offeree,

in

which

case

the

offer is terminated.

including a counteroffer and a

conditional acceptance

包括

反要约和有条件的承诺

?

4. Death or some legal incapacity

当事人死亡或丧失缔约能力

An

offer

terminates

when

either

party

dies

or

becomes

insane

before acceptance.

5. Destruction of the proposed subject matter

合同标的物灭失

?

(3)

承诺的概念、构成要件

definition:

the offeree’s manifestation of intention to be presently bound by

the terms contained in the offer.

承诺是受要约人做出的立即受要约约束的意思表示。

ance Must Be Accepted Only by the Offer ee

承诺只能由

受要约人做出。

ance Must Agree with Offer

承诺必须与要约一致

3. Acceptance Must Be Communicated to the Offeror

承诺必须传

达给要约人

?

(4)

抗辩事由（

defenses

）

resentation

不正当说明

?

definition:

It

is

the

creation

of

an

impression

in

the

mind

of

another

person

which is not in accord with the actual acts of the situation.

当事人在订

立 合同的过程中对另一方所作出的与事实不符的陈述。

2. Mistake

错误

?

definition:Mistatke is a belief that is not accord with the facts.

当事人对构成交易的基础事实在认识上发生的错误。

3

、

Duress

胁迫

?

definition:

It means the use of threats to bodily or other harm which are used to

overcome a person’s free will and induce the person to enter a contract

through fear or force.

4. Undue Influence

不正当影响

?

definition: