Chapter 10（课件）-《国际贸易实务双语教程》同步教学（大连理工大学出版社）

Sales Contracts 销售合同 Chapter Ten Warming-up Exercise Part A English Text Part B Bilingual Text Warming-up Exercise Chapter Ten Answer the following questions. 1 2 What is a general contract? Could you list different kinds of contracts? Part A English Text Chapter Ten General Contract 　　As we know, people make contracts for many purposes. For instance, there are contracts of insurance, contracts for the sale of goods and land, contracts of hire, contracts of employment, contracts of carriage and many others. 　　A contract may be defined as a legally binding agreement. In other words, a contract must be enforced or recognized by law. A valid contract needs five essentials: the agreement (offer and acceptance), the intention to create legal relation, the consideration, the form required by law, and capacity. We will discuss them one by one in the following. 　　Agreement 　　Agreement is generally reached between two parties by means of acceptance. It means that one party makes an offer and the other party accepts it. The person who makes an offer is called offeror and the person who accepts the offer is called offeree. Part A English Text Chapter Ten General Contract 　　An offer may be made in writing, orally or by conduct. It may be made to an individual, a group of people or the public. It is necessary for us to distinguish between true offers and statements. Circulars, advertisements, prospectuses and the like are invitations to make an offer. Display of price-marked goods in a shop is only an invitation to make an offer, not a true offer. Displays, advertisements and the like are offers in law. 　　Offer and Acceptance 　　If an offer has been made, a contract will come into existence when the offer is accepted, provided that all the essential terms of contract are agreed. The bottom line here is that the acceptance must be unqualified; in other words, it must correspond exactly with the terms of the offer. 　　Intention to Create Legal Relations 　　We have already known th