法律学契约简论中英文对照外文翻译文献

1、1.Briefly law contracts is the obligations. liability is usually freely inthe form infact fromthe acts the parties. In the courts a (often called inlaw contract) in to in spite lack the party is it. law capacity, formalities,offer consideration, fraud legality,interpretation construction, frustratio

2、n impossibility, rights third party beneficiaries, It toa extent, its unitary quality , resisting distinctions different classes contracts toeither the the the nature theparties. its principles are applicableto varied subjects sale to diverse parties individuals, organizations, entities.It is largel

3、y state rather than federal it differs usually indetail from state toanther. it is still primarily increasing statutes particular for special the contracts for the sale the the significant thefederal statutes inthe field, the States its in actions tosuit inthefederal courts. rules laid statute, law

4、are theparties, others are implicative, interpretative, suppletory varied A defined a for the the law a , the “contract” also torefer tothe series acts the parties their tothe they tothe legal relations resulted. all are criteria the law a the these are the a writing consideration . the awriting is

5、statutes frauds, derived from the Statute the States. they that, specified contracts are awriting. usually contracts to sell than a contracts tosell contracts to for the contracts to within a contracts to furnish services, are are if there is writing. dissatisfaction led tothe the Statute in serious

6、 for its abolition inthe States. from a writing, a is generally in the States it is consideration. Historically a a written consideration, affixing his tothewriting. the replaced a printedimitation, the formality its effectiveness eliminated least greatly statestatutes. is essentially for the receiv

7、ed in for his It in return, in the resulting is abilateral contract, it inreturn, in the resulting is unilateral contract. , for a gratuitous including to for services already consideration. Fortunately there are a few instances in the consideration is the the“, irrevocable, offer. rule inthe States

8、 is that offeror the to his offer its the offeree, a the offeror tois generally effective consideration. A for the offeror tohis is the tohim a dollar, consideration for is then “option.” consideration afewcourts held that the offeror from his offer the offeree relied tohis the the satisfactory solu

9、tion legislation, ina states, offer irrevocable,regardless consideration, if it is ina writing states that it is irrevocable. this the to to the deficiencies the doctrine considerationrather than todiscard it.Inthe States, contracts, like statutes, are characteristicallydetailed prolix. are often st

10、andard clauses, popularly “” taken from file from a is directly the parties incorporate referenceastandard printed form drafted a for a particular enterprise, for association enterprises, for sale tothe public. attention todetail toa including the standardization routinetransactions, the in all stag

11、es transactions, the inclination to tested in controversies, the desire to uncertainty the law than state these tothe disposition the case-oriented to expressly for specific disputes arisen inthe foreseen inthe future.A related is the standard “contracts adhesion,” tickets, leases, retail salescontr

12、acts, are forced the party inferior In courts legislatures increasingly the effects unrestrained in situations. refused to torts, acts clearly contrary tothe public interest, the interpreting the contracts, to the party in to effect to dictated party the the in itself Legislatures statutes fixing , for prescribing entirecontrac