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CONTRACT, REQUIREMENT, REQUIREMENT, Can cancel when:, CHANGE/REVOKE,…
CONTRACT
DEFINITION
Agreement between parties only => WILLINGNESS
Establish/change/terminate related to civil right & obligation
Pay money
Return valuable papers
Perform task
Transfer object/ rights
SEND OFFER (OFFEROR)
RECEIVE OFFER (OFFEREE)
TERMINATION
Reply (Accept/not accept)
Successfully revoke/modify/cancel
Deadline expired
Agreed by the parties
OFFEREE SEND REPLY
OFFEROR RECEIVED REPLY
VALID ACCEPTANCE
Reply before deadline/ no deadline => reply imtermediately
EXCEPT
when offeror know the exactly reasons why for late acceptance
Accept whole content
CONTRACT
:star:
VALID
CONTRACT PERFORMED
:star:
INVALID
RETURN
what they're received
SECURE PERFORMANCE OF CONTRACTS
Mortgage of property
Deposit
Pledge of property
Security collateral
REQUIREMENT
Specific content: who/what/how much
Have intention to enter contract
Form: verbal/write/others
Statement
REQUIREMENT
Form
:
Write
Oral (
EXCEPT
: real estate; registration property)
WILLINGNESS
Content/objective
: not violate law + not contrary to social morals
Subject
: individual (legal + act capacity), organization
Can cancel when:
Before offeree reply + the right to cancel clearly stated in the offer
CHANGE/REVOKE
CANNOT CHANGE/REVOKE
OFFER TAKE EFFECT
CAN REVOKE
CANNOT REVOKE