1.A commercial advertisement is deemed an offer if its contents meet the requirements of an offer. (Contract Law of People's Republic of China, Article 15)(3分)
2. A contract has been defined as “an agreement between two or more persons consisting of a promise or mutual promises which the law will enforce or the performance of which the law in some way recognizes as a duty”. (3分)
3. Fundamental to the concept of criminal law is the assumption that criminal acts injure not just individuals, but society as a whole.(3分)
4. Property would have little value if the law did not define the right to use it, to sell or dispose of it, and to prevent trespass on it.(3分)
5. As a separate entity, corporations have several distinguishing characteristics including limited liability, easy transferability of shares, and perpetual existence.(3分)
1. We can define criminal law as branch of modern law which concerns itself with offenses committed against society, members thereof, their property, and the social order.
2. Generally speaking, an offense punishable by death or imprisonment in a state prison is a felony; an offense for which the maximum punishment is a monetary fine, incarceration in a local jail, or both, is a misdemeanor.
3. There are two types of property: real property and personal property. Most of the legal concepts and rules associated with both types of property are derived from English common law.
4. The traditional theory is that the shareholders are the owners of the corporation and the role of the directors are to manage the business of the corporation for the benefit of its owners.
5. If the company's interest is harmed in the course of its establishment due to the negligence of the sponsors, being liable to the company for damages.(Company Law of People's Republic of China, Article 95)
4.Donoghue v. Stevenson的重要意义在于:通过该案,上议院确立了英国法中现代过失侵权的概念,建立了一个人对另一个人负有的注意义务的一般原则。该案是英国法及威尔士法中现代过失侵权、苏格兰法中不法侵权的源头。该案使得英国的个人原告即使在和个人或公司被告之间没有合同关系之时,也可以向消费品的提供者要求赔偿。个人若欲从过失侵权中获得救济,只需证明注意义务的存在。(4分)
1. criminal liability can be imposed if a legislature has defined a certain behavior as criminal even if fault cannot be proven—that is, strict liability.
2. The party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74.
3. If the contract is avoided, the buyer has bought goods in replacement or the seller has resold the goods in a reasonable manner and within a reasonable time after avoidance.
4. US corporations are generally classified into C corporations, S Corporations, close corporations, professional corporations and non-for-profit corporations.
5. By the middle of the 19th century, an earlier tradition of stricter liability had been repudiated in favor of the principle “no liability without fault”.
1.本案原告为W.O.Lucy and J.C.Lucy,被告为A.H.Zehmer and Ida S.Zehmer。(2分)原告要求被告实际履行于1952年12月20日签署的协议:以50000美元的价格出售位于Dinwiddie县的土地。而被告以签署协议时醉酒为由,否认其具有出售土地意图,拒绝履行协议。(4分)
1. The objective of criminal law is to deter and punish the commission of acts that threaten society's safety and order.
2. A contract has been defined as “an agreement between two or more persons consisting of a promise or mutual promises which the law will enforce or the performance of which the law in some way recognizes as a duty”.
3. The Constitution delegates certain powers to the national government, and the states retain all powers not delegated to the national government.
4. Congress determines the jurisdiction of the federal courts, but the United States Supreme Court has the power to hold acts of the other branches of the federal government unconstitutional.
5. The Fifth Amendment to the U.S. Constitution provides that a defendant cannot “be compelled in any criminal case to be a witness against himself.”