Contracts - Introduction

17 important questions on Contracts - Introduction

What does law enables legal subjects to participate?

Law enables legal subjects to participate in trade by contracting.

What are the legal traditions?

  • Civil Law
  • Common Law
  • Religious Law
  • Customary Law
  • Mixed System

What are the global principles of contract law that are common to all legal traditions?  And explain them.

  1. Party autonomy: legal subject. Freedom to contract on (what and how)
  2. Consensualism: If parties agree (by offer and acceptance) the contract originates
  3. Binding: Parties are bound to perform as agreed
  4. Relativity (Privity): Contracts only bind the party to it.
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What are the two most relevant contracts according to Business perspective?

Sales contract: for transferring ownership or a right.
Service contract: for intangible performance.

What is Contractual Pluralism?

This contractual pluralism results in transaction costs for international companies such as for legal support services, translations, negotiations, and international dispute resolution.

Give some purpose of how B2B contracts can serve:

  1. Define obligations and conditions
  2. Distributes Risks
  3. Protect intellectual property rights
  4. Define dispute resolution methods and remedies
  5. Ensuring compliance with law and codes
  6. Contribute to reputation

Identifies four steps in B2B contracting and identifies potential legal risks for each step.

  1. Negotiations: Pre-contractual,  liability
  2. Formation: Offer, Acceptance, Capacity
  3. Performance: Interpretation, Breach, Force Majeure
  4. Dispute resolution: Method, Remedies

What types of Business contracts does the Customer (Party) have?

  1. Sales
  2. Services

What types of Business contracts does the Partners (Party) have?

Cooperation
Joint ventures
Alliances
Licensing
Investors

What types of Business contracts do the Suppliers (Parties) have?

Purchase
Service level
Financing
Employees
Advertising

What types of Business contracts do the Intermediaries (Parties) have?

Agency
Distribution
Franchising
Wholesale

What types of Business contracts do the Miscellaneous (Parties) have?

Sponsorships
Grants
Donations
Transport

Does Law generally distinguishes B2B and B2C contractual relationships?

Yes

EU legislation defines a consumer as any natural person who is acting for purposes that are outside his trade, business or profession.

True

What is transaction cost?

Transaction costs are the costs of identifying business partners, the costs of negotiation Inc., risk identification, the costs to complete a transaction and enforcement costs.

In all legal traditions, contracts find their basis in one party. Which is ........

Making an offer and another accepting that offer

What are the main parties of Business Contract?

  1. Customers
  2. Suppliers
  3. Partners
  4. Intermediaries
  5. Miscellaneous

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