Law 2101 Study Guide - Quiz Guide: Default Rule, Labour Law, United Nations Convention On Contracts For The International Sale Of Goods
Document Summary
Rules about the form that a contract to be enforceable/sure that whoever making the contract is in their right mind. Form: to be enforceable, it has to look like that, why, cautionary effect (makes parties think more carefully about what they are about to do) Warning function this is important or financially dangerous transaction: cautionary effect protects against fraud, promotes certainty (what did the agreement contain?) 9 (a) contracts can be concluded electronically (b) article 9: treatment of contracts (1) member states shall ensure that their legal system allows contracts to be concluded by electronic means. Common intention is only one factor in determining the contents of the contract. (c) mixed: (e. g. swiss: mixed theory - two step process. Evidence was allowed which showed that the seller had refused an offer of 2,000 so that the agreed price must have been higher.
