1.要建立一个有效的合同,当事人必须有合意,而合意又是通过一方提出要约,另一方接受要约来体现的
2.承诺如果成为具有法律效力的一种交换,就要履行
3.有效的合同必须有对价支持各方当事人的要求.对价的定义是经过议价而达成的交换.这就是说,接受承诺的人必须放弃某些东西或承受损害,以换取合同的承诺
4.可撤消的合同是指可以取消的合同,也就是说,即使合同由明确的协议构成,并有对价和法律目的,一方在法律上也可以撤消
5.合同可以因为多种理由被认为无效,如非法,没有对价,或一方或双方没有缔约能力.有时,出于公序良俗的原因,法院也会判定一个合法的合同无效
6.有些故意侵权行为可以通过表明被告的侵权行为是合法允许的来提出抗辩
7.诈骗可以作为违约行为的一个抗辩
8.侵权法规定了什么是违反行为,并规定了可为社会所接受的,负责任的行为标准
9.合同是当事人双方的协议,一方违反协议即构成违约
10.自动放弃个人自由并不构成非法拘禁
To establish an effective contract, the Parties must have reached an agreement, which is reflected by one Party's offer and the other Party's acceptance of the offer.
If a promise becomes an exchange with legal effect, it must be fulfilled.
An effective contract must have consideration to support the demands of the Parties. Consideration is defined as an exchange reached through negotiation. That is to say, the person who accepts the undertakings must give up something or bear damages in exchange for the undertakings of the contract.
Revocable contract refers to a contract that can be cancelled. That is to say, even if the contract consists of a clear agreement in view of consideration and legal purpose, one Party can cancell the contract by law.
A contract may be considered invalid for a variety of reasons, such as illegality, no consideration, or one or both Parties' inability to conclude a contract. Sometimes, the court will also judge that a contract in compliance with law is invalid for reasons of public order and good customs.
Some intentional torts can be defended by demonstrating that the defendant's torts are legally permitted.
Fraud can be used as a defense against breach of contract.
Tort laws define what are conducts in violation of law, and stipulate socially acceptable and responsible standards of conduct.
A contract is an agreement made between the Parties. A breach of an agreement by one Party constitutes a breach of contract.
The automatic waiver of personal freedom does not constitute illegal detention.