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Comparison of Contract Law of the People's Republic of China with The...

Contract Law In Australia In New York

Category:

Contracts - Contract Law

State:

Multi-State

Control #:

US-00103BG

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Instant download

Description

A comparison the United States law of contracts with the law of contracts of the People's Republic of China.

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Some common types of international contracts include sales agreements, distribution agreements, licensing agreements, joint venture agreements, and employment contracts.

An example of a treaty that does have provisions for further binding agreements is the UN Charter. By signing and ratifying the Charter, countries agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and the Security Council.

In an international business contract, it's essential to define the jurisdiction that will govern the contract and the laws that will apply in the event of a dispute. Your dispute resolution section should also detail the agreed-upon dispute resolution mechanism.

Top ten tips in drafting and negotiating an international contract Avoiding retaliation claims. The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected.

Contents Identifying the Parties Involved. Identify all relevant governments, organizations, and businesses involved in the agreement. Determine the roles and responsibilities of all parties involved. Establishing Objectives. Establish the overall goal of the agreement. Identify the objectives of each party involved.

How to draft a contract between two parties: A step-by-step checklist Know your parties. Agree on the terms. Set clear boundaries. Spell out the consequences. Specify how you will resolve disputes. Cover confidentiality. Check the legality of the contract. Open it up to negotiation.

Australian contract law is based on the English common law, rather than on any codified or statute law. The basic principle of Australian contract law is freedom of contract, under which parties are at liberty to strike whatever bargain they choose.

As Australia is a signatory to the New York Convention, Australian courts rarely decline to recognise and enforce foreign awards, and have earned a reputation as a pro-enforcement and “arbitration-friendly” jurisdiction1. In support of arbitration, Australia's judiciary is independent and highly respected.

In order for a contract to be valid, there must be a meeting of the minds on all of the essential elements of the contract, including the offer, acceptance, consideration, capacity, and legality. If there is no meeting of the minds on any of these elements, the contract may be void or unenforceable.

Key Contract Law Legislation Act No. 51 of 1974 as amended. (ComLaw) Incorporating the Australian Consumer Law (in Schedule 2) - the Trade Practices Act 1974 was re-named the Competition and Consumer Act 2010 on 1 January 2011.

Contract Law In Australia In New York

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