Muoibathang̉sau

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

I. Contract?

Buy clothes

1. REWARD OFFER: A person posts a flyer offering a $500 reward for the
return of their lost dog. This is a unilateral contract where the offeror (the
person posting the flyer) promises to pay the reward to anyone who finds
and returns the dog. The contract is only binding when someone returns the
dog.
2. Bilateral contract:
Employment contract
The employee promises to perform the job duties, and the employer
promises to pay for the work done.
3. Main contract
Construction contract
A contract between a property owner and a general contractor to build a
new house.
4. Sub-contract
Construction project

  Main Contract: A property owner hires a general contractor to build a new office
building.
 Sub-Contract: The general contractor hires an electrical contractor to handle all the
electrical wiring and installations for the building. The sub-contract would specify the
scope of electrical work, materials to be used, deadlines, and payment terms.

5. Contract for the benefit of a third party:

Promissory Note for Education:

 Contract: A parent signs a promissory note with a lender to secure a loan for their child's
college tuition.
 Third-Party Beneficiary: The child, who receives the benefit of the tuition payment, is
the third-party beneficiary.

6. Conditional contract

 Employment Offer:

 Contract: A company offers a candidate a job, conditional upon the candidate passing a
background check and drug test.
 Condition: The employment contract is only effective if the candidate passes the
background check and drug test. If the candidate fails either, the job offer is withdrawn.

 Basically, there are 4 main principles of entering into civil contracts


 Freedom of contract
 Principle of voluntariness
 Does not violate the law or social ethics
 Principle of equality, good faith, and honesty.
o Equality:
o Good faith: thiện chí -> support each other, not cause difficulties
o Honesty

iii. Conditions for validity of civil contracts

- Parties must have civil legal capacity


- Content and purpose of contracts must be legal
- Parties must be voluntary to enter into contracts
- Forms of contracts must be legal -> Hình thức hợp đồng phải hợp pháp
o Conducts (Hợp đồng đc thiết lập bởi hành vi) -> send offer to buy a car from B
for a billion $
o Words -> outdoor: agreement -> sellers
o In writing
o Notarized document

V. Invalid contracts and legal consequence

Invalid contracts

Legal consequence of invalid contracts

 To parties

A void contract does not give rise, amend or terminate civil rights and obligations of the
parties from the time of establishment

 To sub-contracts

The invalidity of the main contract terminates the sub-contract, unless the parties have agreed
that the sub-contract can replace the main contract.

V. Agreement

Contract: Offeror -> offer -> offeree

<- acceptance <-


Offer

Definition: offer to enter into a contract means a clear expression by the offeror of its intention
to enter into a contract and to be bound by such offer made to another determined party or to
the public (hereinafter collectively referred to as the offeree)

(To be bound: give offer -> if accept -> sign contract)

Ex: advertisement provides detail information -> color, technical information -> laptop

Shop -> clothes -> price tags => loi moi chao hang

 Buyer offers -> contract (seller accepts the offer)


- Auctions: Dau gia
- Tenders: Dau thau
- Company prospectuses: a company invites applicaiton from public to subscribe for its
shares.

You might also like