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Tiếng anh chuyên ngành 2 Câu hỏi ôn tập Tiếng anh chuyên ngành 2 chương 4, trường đại học Ngoại thương, năm 2022 2023, chủ đề vận tải quốc tế, thương mại quốc tế, phương tiện vận tải Tiếng anh chuyên ngành 2 Câu hỏi ôn tập Tiếng anh chuyên ngành 2 chương 4, trường đại học Ngoại thương, năm 2022 2023, chủ đề vận tải quốc tế, thương mại quốc tế, phương tiện vận tải
Chapter - Questions What are the six steps in negotiating the legal framework of the Contract? The applicable law: Choice of law Contract or no contract: Meeting of minds, capacity, legality, consideration Entire agreement: Whereas recital, contract documents, definitions The parties: Identity, naming, notices, assignment Status of the contract: Termination, cancellation, rescission, language Settlement of disputes: Amicable settlement, arbitration, litigation What are the main differences between Anglo-American Law &Continental Law? Anglo-American is based on case-law, Continental Law is fully legalized Give the main characteristics of Continental Law? Consistency and uniformity of enforcement Predictable Brief Nationally accepted Give the main characteristics of Anglo-American Law? Justice in the individual case Not fully predictable Long and detailed Internationally accepted What does the applicable law govern? Questions concerning the validity, interpretation and performance of the contract 6 What are the principles of an enforceable contract? The parties archive a "meeting of mind" referring to mutual agreement The parties are capable of entering a contract The purpose of a contract is legal When does a contract come into existence? A contract comes into existence when one party makes an offer and another party accepts it Who are unable to sign contracts? Those who look un-contractual capacity; e.g Children, the feeble-minded and drunks What does “ultra vires” mean? Beyond its powers = Under the public law (company law) of many countries, a company only sign a contract that is within its powers A contract that is ultra vires is unenforceable 10.When is the agreement unenforceable? When the purpose (or effect) of an agreement is illegal 11.Name types of agreements under Anglo- American systems Agreements in which one side has only rights and the other side has only duties Agreements in which both sides have rights and duties 12.Which kind of agreement is not a contract? Agreements in which one side has only rights and the other side has only duties 13.What is the Entire Agreement? The final written version of the contract that replaces all previous agreement between the parties 14.What is The Whereas Recital? Why is it necessary? The word "whereas" means "because" or "considering that" Whereas clauses are not provisions, promises or conditions - they are explanations A typical whereas - recital contains many types of background information When the dispute arises, the judge must ask some background questions 15.What should appear at the head of the contract? The official/full registered names of the parties 16.What is discharge by performance? The contract is discharge by performance when both parties perform their duties exactly according to the contract and the last duty is fully performed 17.What is termination? Name the two types of termination: One side may have the right under the contract to end contract There are types of termination: Termination for convenience Termination for default 18.What is Termination for convenience? Termination for convenience occurs when one party (usually the buyer) simply decides to drop the contract No reason is required The buyer must pay for all work performed or partly performed 19.What is Termination for default? Termination for default occurs when the contract names certain defaults which allow one side (usually the buyer) to terminate 20.What is Cancellation? Cancellation occurs when one party breaches a contract, the other has the right to demand cancellation of the contract 21.What is the difference between termination and cancellation? The contract is terminated under a provision of the contract The contract is cancelled when one side has breached and the other simply refuses to proceed 22.What is Rescission? The parties many simply agree to end their contractual relationship 23.What are the ways to solve disputes? There are ways: Conciliation: an amicable settlement Arbitration: a panel of arbitrators solves the disputes Litigation: settlement by the court 24.What are characteristics of litigation? Litigation before the courts is internationally the least attractive It is public It is expensive It is time-consuming The results are often legalistic rather than business like 25.What are the advantages of using a panel of arbitrators? Quick Costs are predictable Decision is business-oriented 26.What does the arbitration clause specify? How many arbitrators sit in the court? Where does the court sit? What is the language of the court? Who pays court costs?