Contract Law
Abodyofruleswhichregulatetheformationofcontractssothatcontractsproperlyformedwillbebindingonthepartiesinvolved,andthecourtswillbeabletoenforcethem.
Contractlaw
Anagreementwithspecifictermsbetweentwoor morepartiesinwhichthereis apromiseto dosomethinginreturnfor acertainbenefit.Rememberwhichareessentialrequirementsfor avalidcontract!Term– odredba ugovora
Contract
_________________________ = power provided under law to a natural person or a juridical person to enter into binding contracts_________________________ = something of value which must be given for a contract to be enforceable_________________________ = statement given by the person receiving the offer by which he or she accepts the offer subject to contract (a precondition for a contract to be legally binding)_________________________ = an expression of willingness to contract on specified terms, made with the intention that it is to be binding once accepted by the person to whom it is addressed_________________________ = a proposal to enter into an agreement, usually accompanied by an expected acceptance_________________________ = pecuniary remedy awarded to an individual who has sustained an injury in order to replace the loss caused by the injury
Matchthe terms denoting essential preconditions for a binding common law contract provided in the box with their definitions.legal capacity offer considerationacceptance compensation intention to be legally bound
legal capacity= power provided under law to a natural person or a juridical person to enter into binding contractsconsideration= something of value which must be given for a contract to be enforceableacceptance= statement given by the person receiving the offer by which he or she accepts the offer subject to contract (a precondition for a contract to be legally binding)Intention to be legally bound= an expression of willingness to contract on specified terms, made with the intention that it is to be binding once accepted by the person to whom it is addressedoffer= a proposal to enter into an agreement, usually accompanied by an expected acceptancecompensation= pecuniary remedy awarded to an individual who has sustained an injury in order to replace the loss caused by the injury
Foranagreementtobecomeanenforceablecontractoneoftheparties(offeror) tothecontractmusthavemadeanofferandtheotherparty(offeree) musthaveacceptedit.Besidesoffer,acceptance,considerationandanintentiontocreatelegalrelations,thefifthessentialprecodnitionforthecreationofeverycontractisthelegalcapacityofallpartiestoenterintoacontract.
TranslatethefollowingsentencesintoCroatian:
Contractingparty– ugovorna strankaCondition– uvjetWarranty/guarantee– manje važna ugovorna obveza, jamstvoTermofcontract– trajanje ugovoraTerminationofcontract– raskid ugovoraConfidentiality– povjerljivostIndemnity– obeštećenje, nadoknada šteteForcemajeure– viša silaAssignment– ustupanjeApplicablelaw– mjerodavno pravo
Structureofacontract
Conditionsof a contract are_______________________ ___________________________________________________.Warranties are not essential to a contract and usually refer to ___________________________________________________.Some of the most common clauses included in almost every contract are:_______________________________________________________________________________________________________________________________________________________________________________________________________.
Read about thestructureof a contract and complete the following statements about contract law.
Conditionsof a contractare indispensable to the purpose of the contract (e.g. price and subject matter) and must be fulfilled.Warranties are not essential to a contract and usually refer tothe quality, fitness, performance of the product.Some of the most common clauses included in almost every contract are:Parties, Charges, Term of contract, Termination provisions, Confidentiality, warranty/guaranty, indemnity, Force Majeure, Assignment, Entire agreement/Integration/Merger, Applicable law/Governing law.
1._____________________ contract is initially valid but can be annulled if the parties request it.2._____________________contract contains all the necessary elements but has a certain technical defect because of which it cannot be enforced.3._____________________contact lacks some of the essential elements and is not valid from the start.
Defectivecontracts
1.Voidable contract is initially valid but can be annulled if the parties request it.2.Unenforceable contract contains all the necessary elements but has a certain technical defect because of which it cannot be enforced.3.Voidcontact lacks some of the essential elements and is not valid from the start.
1.____________________is the most frequent remedy for breach of contract by which the injured party is financially compensated for the loss.2.Ifthe terms of a contract are carried out entirely the contract is said to be ended by _____________________ .3._____________________________is used as a remedy when there is a need to cancel the contract.4.Ifthe parties agree to release each other from their contractual obligations the contract is said to be ended by _______________________ .5.___________________of the contract happens when one of the parties refuses to perform or performs defectively.6.___________________means that the contract is ended because some events make its performance impossible.7._____________________refers to the court order to the breaching party to perform the obligation.8._____________________refers to the court order to the breaching party not to do something.
Readtheparagraphaboutremediesforbreachofcontractandcompletethedefinitions:
1.Damagesis the most frequent remedy for breach of contract by which the injured party is financially compensated for the loss.2.Ifthe terms of a contract are carried out entirely the contract is said to be ended byperformance.3.Contractrescissionis used as a remedy when there is a need to cancel the contract.4.Ifthe parties agree to release each other from their contractual obligations the contract is said to be ended byagreement .5.Breach of contractof the contract happens when one of the parties refuses to perform or performs defectively.6.Frustrationmeans that the contract is ended because some events make its performance impossible.7.Specificperformancerefers to the court order to the breaching party to perform the obligation.8.Injunctionrefers to the court order to the breaching party not to do something.
to enter into a contract = ____________________________________________to enforce a contract = ______________________________________________to breach a contract = ______________________________________________to rescind a contract = ______________________________________________to declare a contract invalid = ________________________________________to discharge a contract = ____________________________________________to annul a contract = _______________________________________________to terminate a contract = ____________________________________________
Find the Croatian equivalents for the following collocations:
to enter into a contract =sklopitiugovorto enforce a contract =prisilnoizvršitiugovorto breach a contract =(pre)kršitiugovorto rescind a contract =poništiti/raskinutiugovorto declare a contract invalid =proglasitiugovornevažećimto discharge a contract =osloboditiugovorneobvezeto annul a contract =poništitiugovorto terminate a contract =raskinutiugovor
Read the breach of contract letter (pp. 161-162) and put the elements A-J in the right order:
Readthetext(pp. 164-65).Find the expressions, italicised in the text, whichmeanthefollowing:will be triedto find a solution for the disagreementobey the contract provisionsmake sure that the rights are observedgive information in advanceany damage or loss will be the liability ofguarantee
ASalesofGoodsContract
will be tried =will be heardto find a solution for the disagreement =to resolve the disputeobey the contract provisions =comply with these provisionsmake sure that the rights are observed =to enforce the rightsgive information in advance =give noticeany damage or loss will be the liability of =shall be incurredguarantee =warrant
Thank you for your attention!
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