Week 3 - Contact law - forming a contract

contract

• intention to enter into a binding legal relationship

key principles of contract law

1. Party autonomy (II - 1:102 DCFR)

2. Binding effect (II - 1:103 DCFR)

3. No requirement of written form (II - 1:106 DCFR)

4. Good faith (I - 1:103 DCFR)

where does principle of good faith apply?

• in civil law this principle applies

• in common law they do not accept this principle

what is a contract? (+which art)

agreement which is intended to give rise to binding legal effect

art. II - 1:101

juridical act

• statement / agreement whether express or implied from conduct

• no written form required

types of juridical acts

unilateral

bilateral

multilateral

what 2 things do you need to form a contract ?

offer

acceptance

what would be an offer

a juridical act, because it is intended to have legal effect

non-mandatory law

• deviation = permitted

• B2B (bussiness to bussiness) commercial contract (I - 1:105)

mandatory law

• no deviation

• employees or consumers (I - 1:105(1))

requirements for the conclusion of a contract (+ art)

• II - 4:101

• contract is concluded if parties:

• a. intend to enter a binding legal relationship

• b. reach a sufficient agreement

what does sufficient agreement consist of? (+art)

• offer (II - 4:201)

• acceptance (II - 4:204)

what are 2 kinds of offers?

1. offers that lead to legally binding upon acceptance

2. offers that invite to enter into negotiations