jonath58的部落格

合約有格式?



我自己學完成科contract law

都冇說明過，合約有格式



合約沒有特定的格式



不過，

一個基本的合約

必須有以下數個



To constitute a valid (有效)contract, the following must all be present:
offer
acceptance
sufficient consideration
intention to create legal relations
legality, and
Capacity to make the contract



另外，你要寫明，條款



合約法有分condition/ warrant's

Conditions tend to be vital terms of he contract which go to the root of the contract.

Coniditions impose obligations into the contract which, if breached, entitle the injured party to claim a total failure of the contract and to repudiate that contract.

case的話

poussard v spiers & Pond (1876)

那case內容如下

Am actress was employed to play the lead in a play, but did not in fact start her role until one week after the play was due to open. The court held that the promise to perform from the scheduled opening of the play was a condition of the contract and the theatre was entitled to repudiate the contract.



A warranty is a less vital term of a contract which is merely collateral to the main rerms.

warrantly(保證條約)的case

Bettini v Gye (1876)



A singer was employed to sing at a series of concerts and was to attend for six days in advance of each concert to reherase. He in fact came to reherarsals only three days in advance and the employer wished to terminate the contract. The court held that the reherasal was ancillary yo the main part of the contract and thus was not a condition but a warrantly. The breach of warranty only entitled the injured party to claim for damages.



提提你，如果是breach warranty的話，就只可以賠償
but condition就是賠償加取消合約



你只要寫明條款

後果...



就可以



真的沒有特定格式