A comparison the United States law of contracts with the law of contracts of the People's Republic of China.
Montana Comparison of Contract Law of the People's Republic of China with The United States
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FAQ
The first Chinese law to carry the title "code" since the founding of the People's Republic of China in 1949, the Civil Code is expected to comprehensively strengthen the protection of people's various rights and improve the Chinese socialist system of laws.
Which of the following is a correct statement regarding a minor's power to disaffirm or void a contract? A minor only has the right to disaffirm any portion of a contract pertaining to the provision of services. A minor only has the right to disaffirm any portion of a contract pertaining to the sale of goods.
To enforce means to mandatory compliance with a contract. United States contract law provides that contracting parties have a right to commitment and enforceability.
According to the majority of jurisdictions, which of the following is an accurate statement regarding a minor's right to disaffirm a contract when the consideration he or she received has been damaged or destroyed? The minor can disaffirm the contract, and the other party has no recourse.
In order for a contract to be enforceable in China, the contract should generally either provide for dispute resolution before a Chinese court, or by arbitration. Arbitration is a private, alternative form of dispute resolution.
In order for a business contract to be legal and enforceable, the two parties must provide genuine consent. This means that there can be no pressure, duress, or undue influence brought to bear on either party to a contract.
Which of the following is an accurate statement regarding the effect a minor's misrepresentation of age has on his or her right to disaffirm a contract? According to the majority rule, it does not affect the minor's right to disaffirm the contract.
Which of the following is correct regarding a minor's right to disaffirm a contract when he misrepresented his age upon entering into the contract? Some courts hold that the minor is estopped from raising the defense of minority and is therefore bound by the contract.
A contract is enforceable if a court is willing to obligate both parties to carry out the terms of the agreement. Courts deem contracts enforceable if the terms are willingly agreed to by the parties and something of value is exchanged between the parties.
Contract Formation Chinese LawChinese law recognises the formation of a contract by email, fax, letter, or any other form that "can tangibly express the content thereof" ("67095f625730886873b062408f7d51855bb9") (see Article 469 of the Civil Code of the People's Republic of China, which entered into force on 1 January 2021).
