I. Vertragsrecht – Contract Law
Angloamerikanische Rechtssprache 1 | Anglo-American Legal Language 1 I. Vertragsrecht – Contract Law I.A. Contract Law in the United States A. Comprehension A.i) 1. It generally regulates the sale of goods by merchants and is updated regularly to ensure the consistency of its interpretation and application across jurisdictions-it has been adopted (with minor modifications) in every US jurisdiction, Introduction 2. Assignment: a transfer of a contract right, which, however, is ineffective if it materially changes the duty of the other party, or increases the burdens or risks under the contract; Delegation: similarly a transfer of a contract right, however, under a delegation, the delegating party always remains liable under the contract until the subsequent performance by the delegate, 8.2/8.3 3. Reliance: seeks to put the party in as good a position as if the contract had not been made and generally includes expenditures incurred in performance of a contractual duty; Restitution (a non contractual or quasi contractual remedy) seeks to restore the benefit the injured party conferred on the breaching party, 9.2 4. Is a manifestation through either words or conduct that the party cannot or will not perform at least some of its obligations under the contract, 6.4 5. A party maintains an erroneous assumption or belief that is not in accord with the facts-adversely affected party must show that the mistake (a) goes to a basic assumption of the contract, (b) has a material effect on the agreed upon exchange (c) is not one of which that party bears the risk, 5.1 6. When the parties reduce their agreement to writing the parol evidence rule creates the presumption that the writing is the final expression of their agreement and any previous or extraneous communications during the negotiations process are not admissible as evidence. 7.1 7. An ‘offer’ is the manifestation of a willingness to enter into a bargain that causes the offeree to reasonably believe that his or her assent to the bargain will create an enforceable contract. 1.2 8. A minor (until s/he has reached the age of 18), someone who is mentally incompetent, (also in some jurisdictions) those who lack the ability to act ‘reasonably’ with respect to such understanding, 3.1 9. This allows a court to invalidate an agreement where one party utilizes an unfair bargaining position, economic or otherwise, to impute unreasonable terms upon the other party. 3.3 10. S/he has a direct claim against the promisor and need not join the promisee to effectuate such action. S/he also retains any right s/he has or originally had against the promisee and can seek judgment against both parties to the contract. 8.1
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Heidinger/Hubalek, Angloamerikanische Rechtssprache, Q & A, LexisNexis