Contract laws in china and america essay

Photo courtesy of Evie Jeang While an increasing number of Chinese companies are doing business in the U. This makes it exceedingly difficult to serve Chinese companies in the U. These challenges were spelled out in a May 5 report of the U.

Contract laws in china and america essay

Term Papers 12 pages, words I. Concept and Features of Contract 1. Contract was once divided into agreement and contract. However, such division can no longer be seen in our current laws and the two are collectively referred to as contract. Contract has its broad and narrow meanings.

In the broad sense, contract refers to all agreements generating rights and obligations, such as labor contract, administrative contract, civil contract, etc. Features of Contract It can be seen from the concept of contract — contract is the agreement in which natural persons, legal persons or other organizations with equal status declare a common intention to establish, alter and terminate civil rights and obligations that, contract has the following legal features: These basic elements are an agreement, consideration, and legal capacity to contract, lawful subject matter, and genuine consent to the A person usually becomes involved with the tort process by being a As the most important legal fact, civil legal act is the lawful act implemented by civil subjects, which can generate, alter or terminate civil right and obligations.

Since contract is a kind of civil legal act, it is different from fact behavior in nature. Fact behavior refers to the act which does not take the declaration of intention as an essential condition and cannot generate the legal effect expected by the party involved, such as infringing act, picking up lost property, etc.

In nature, contract as the civil legal act belongs to lawful act. That is to say, only under the circumstance that the declaration of intention made by the contracting parties is lawful, the contract is legally binding and protected by national laws.

On the contrary, in case contracting parties make illicit declaration of intention, the agreement, even already reached, may not have the effect as a contract.

As contract is a kind of civil legal act, general regulations of civil law concerning civil legal acts, such as essential condition of civil legal act, the ineffectiveness and revocation of civil act, are all applicable to contract. The establishment of a contract shall have two or more parties who declare intention to each other and achieve a consensus.

If such declared intentions are not consistent, no contract will be formed. For similar notes cited in the following text, Contract Law will be omitted.

Civil Law The two legal systems in question are the adversary system, most commonly practiced in the United States, and the civil law system, also The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of In an adversarial system, however Contract is the civil legal act with a view to establishing, altering and terminating civil rights and obligations.

Establishing civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, civil rights and obligations thus emerge between; altering civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the previous civil rights and obligations between them is changed and new civil rights and obligations are formed; terminating civil rights and obligations refers to that after parties involved conclude the contract pursuant to the law, the civil rights and obligations previously existing between them are abolished.

That is to say, the subjects concluding the contract have equal legal status and no party may impose its will on the other party. Unless otherwise specified by law such as force majeure, the party who fails to perform the contract or whose performance of obligations does not conform to that prescribed in the contract shall assume the liabilities for breach of the contract to continue to perform the contract, adopt remedial measures or compensate losses.

Concept and Features of Contract Law 1. Concept of Contract Law Generally speaking, the concept of contract law may be comprehended in the broad and narrow sense.

Contract laws in china and america essay

In the narrow sense, given contract is the consensus of parties to the contract in nature, contract law is deemed as the law implementing the promise and agreement of parties involved.

However, the concept of contract law in the narrow sense confines the contract law to normalizing the establishment, effectiveness, performance and default liability of the contract, but excluding the non-establishment, ineffectiveness and revocation thereof.Oct 23,  · Stephen L.

Stanford M. Lyman

Carter is a Bloomberg Opinion columnist. He is a professor of law at Yale University and was a clerk to U.S.

Supreme Court Justice . Britain's economy can be classified into three sectors, the Primary sector, secondary sector and the tertiary Continued. Capital Punishment in the United States of America And The People’s Republic of China The United States of America is one of the few countries that still impose death sentences regularly.

The People’s Republic of China is also one of these countries.

Compare U.S Labor Laws & European Labor Laws | alphabetnyc.com

The Comparison and Contrast of Education Systems between China and America The following essay will compare and contrast the education systems between China and America. The term "Education System" can be defined as” The system of formalized transmission of knowledge and values operating within a given society (Trade Chakra Website, “Education System in Malaysia”).

This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Differences between the United States and Saudi Arabia governments. These arrangements enabled thousands of Chinese to have a chance at a better life in America. The immigrants under this contract were known as "coolies," a Hindu word meaning "unskilled laborer.

Yet there were others that were compelled to leave China either as contract laborers or refugees. and laws were put on immigrants who tried to.

The "Chinese Question" and American Labor Historians