留学 论文代写:合同的制定

留学 论文代写:合同的制定

合同是商业交易和其他协议的基础。合同及其条款规范和界定了合同中当事人的关系。合同通常是由双方对彼此权利和义务的正确定义而签订的。双方同意遵守合同和合同法的条款,并且在合同的形成过程中理解明示和默示条款。如果合同被写下来,那么根据合同规则和口头证据规则,条款和义务是有约束力的。

留学 论文代写:合同的制定
在此背景下,文章对“书面合同存在的地方,澳大利亚法院没有,也不应该为未能履行合同谈判中的口头承诺提供补救措施,除非这些承诺包含在书面合同中”的说法进行了严格的分析。这篇文章的目的是为了证明,即使在口头证据规则下,上述陈述也不能被认为是正确的,有时也有例外。本文以书面形式、部分口头合同、担保合同等形式考虑例外情况。

留学 论文代写:合同的制定

Contracts are the fundamentals in business dealings and in other agreements. A contract and its terms regulate and define the relationship shared by the people in the contract. Contracts are usually entered on by parties with proper definitions of each other’s rights and obligations. Parties agree to meet the terms of the contract and per contract law, and in addition both express and implied terms are understood in the formation of a contract. Where a contract is written down, then per the contractual rules and the Parol evidence rule, the terms and obligations are binding.

留学 论文代写:合同的制定
In this context, the essay critically analyses the accuracy of the statement that “Where a written contract exists, Australian courts do not and should not provide remedies for failure to fulfill verbal promises made during contract negotiations, unless those promises are included in the written contract”. The purpose of this essay is to show that the above statement cannot be held as being right always even under the Parol Evidence Rule and sometimes there could be exceptions as well. The essay considers exceptions in the form of written, partly oral contracts, collateral contracts and others.