第一篇货物买卖法lec7上交易磋商程.pptx

As the different forms of offer and acceptance the contract forms could be
as well as follows:
A. oral contract
B. written contract
C. contract in action
D. electronic contract
A. oral form of contract
It is formulated through language.
- Vis-a-vis negotiation
- negotiation through telephone or
MSN phoning system
B. written contract
a. legal significance of contract in writing form
-judicially It provides evidence of the contract;
-practically, it provides clearly memorable and understandable obligations ;
- certain laws request contract in writing form
UCC : the amount of contract for sale of goods over $500
Chinese law: sale of real estate.
b. commercial documents similar to written contract
Those similar document include:
(1). memo(备忘录);
(2). general agreement(原则协议书);
(3). letter of intent (意向书);
(4). preliminary agreement (初步协议书).
(1). memo (备忘录)
-a record of negotiation,
-non-legal document
(2). general agreement (原则性协议)
a legal document but it needs to be
further detailed in order to be workable.
(3). letter of intent (意向书)
A document where one party gives a strong indication to the other that he is likely to place a contract with him. Usually it is worded not to create legal obligation,
However,in some cases, it may be phrased to include a invitation mence a preliminary work, In such circumstance, it creates an obligation.
(4) preliminary agreement (初步协议)
preliminary agreement often occurs where
the negotiation takes months or even years, for instance, negotiation for joint venture or technology transfer or investment .
It may well happen that the negotiators
have entered into a preliminary agreement without being conscious
of it.
Furthermore, the parties’ intention not to create legally binding relation does not produce the same consequences under all legal systems.
For example, under French law, the principle of consensualism(协商一致) implies that a contract is concluded when a party demonstrates the existence