Chapter 1 Introduction
1International Commercial Contracts in Brief
2 The Fundamental Principles ofContracts
3 The Sources OfContract Law
4 The Relations ofContract Law visa—a—visa OtherAreas ofLaw
Explanatory Notes
Exercises
Chapter 2 The Agreement
〔Case Analysis〕
1Introduction
2 Offer
3 Accptance
Explanatory Notes
Exercises
Chapter 3 Consideration and Promissory Estoppel
〔Case Analysis〕
1 Consideration
2 Promissory Estoppel
Explanatory Notes
Exercises
Chapter 4 Form
〔Case Analysis〕
1 Introduction
2 Contracts in Deed
3 Contracts that must be in Writing
4 Contracts which must be Evidenced in Writing
5 Writing Requirements in Different Laws
6 Basis for Avoidance ofWriting Requirement。
Explanatory Notes
Exercises
Chapter 5 Capacity
【Case Analysis〕
1Intrduction
2 The Capacity ofInfants
3 Mental Incapacity and Intoxication
4 Capacity ofCorporations
Explanatory Notes
Exercises
Chapter 6 Terms of Contract
【Case Analysis〕
1TerlTIS ofContract
2 Classifications OfTerms
3 Interpretation of Contractual Terms
Explanatory Notes
Exercises
Chapter 7 Mistake
〔Case Analysis〕
1Introduction
2 Mutualistake
3 Unilateral Mistake
4 Special Remedies for Mistake Relating to Written Documents
Explanatory Notes
Exercises
……
Chapter 14 Damages
Chapter 15 Privity and Third Parities
內容試閱：
4．1 Introduction
4．1．1 The law of obligations has been traditionally divided
among contract thatis aboutobligations voluntarily undertaken
and owed to a specific person or people and tortthat is about the
wrongful infliction of bodily or property harm to certain class
ofpersons for whom law usually imposes many duties，and restitution
that is about therestitution of unjust enrichment of the defendant
at the claimant’s expense．In contrastto each other，contract
liabilities are designed for failing to make things
better，whiletort liabilities are designed for correcting things
made worse and restitutionary1iabilities are for uniustly taking or
retaining the claimant’s benefits．In short，theyserVe difeferem
situations and offer remedies for the injured parties．However，due
tothe complexities involved in action and many theories competing
for application，theyoften overlap each other and create certain
difficult issues both in theory and practice．
4．2 Contract and tort
4．2．1 In theory，contractual duties are voluntarily assumed
and tort duties imposed by law，so thev respond to different kinds
of injury and develop different rules．This meansthat a court is
usually unwilling to find a tort liability where the parties are in
acontractual relationship or may hold that a contract term has
excluded or limited whatwould othenⅣise be a tortuous
duty，partially in an attempt to avoid
doublecompensation．However，certain events，such as
misrepresentation，may give rise toan action in
tort，or，professionals like accountants and lawyers may owe a duty
ofcare in tort to their clients even though their relations are
essentially contractual．Thismeans that tort liability may arise in
a situation of negligent breach of contract．Thus，there is a room
for claimants to select the cause of action，whether be it an action
fortort or contract，so as to maximize the result of the
action．However，this book willfocus upon the contract and generally
leave this issue aside．
……
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