Download - Fifth lecture
Definitions….
Legal Capacity: the ability to enjoy right and to bear obligations
Natural persons: human beings
Legal persons – juristic person –artificial person: companies, association, ….
Sources of obligations: reasons of being a right holder or responsible.
Child conceived – unborn child –child en ventre sa mere: the child not yet born
Voidable contract: a contract which may become a void or a valid contract, according to whether the interested party requires its nullity or not.
Void contract: a contract which lack any legal effect.
Valid contract: a contract which entail its legal effect
Legal Capacity….
Meaning of Legal Capacity:
Persons in Law:
1.Natural persons
2.Artificial persons
Capacity of Natural Persons:
Sources of Liability
In Egypt:
1.Intentional sources: (Contract –Unilateral acts – Unlawful acts)
2.Unintentional sources: (Enrichment without Cause - Law)
In US & UK:
1.Contract
2.Tort
3.Quasi-Contract:
The Contract…
An agreement between two or more persons to create, modify or abolish a legal relation
The Contract…
Elements of the contract:
1. Offer & acceptance
2. Intention
3. Capacity
4. Consent
5. Consideration
6. Legality of object
7. Possibility of performance
The Contract…
Formation of the Contract:
1.Offer & Acceptance
2.Invitation to treat
3.Effectiveness of acceptance (dispatching or receiving)
In US & UK In Egypt
Acceptance is valid by just dispatch
Acceptance is valid by its receiving
The Contract….
Requirement of writing:
1.Writing is not required as general rule in majority of contract
2.In case of writing, no oral evidence accepted
3.In exceptional cases, writing is obligatory, such as companies and insurance contracts
The Contract…
Invalidity of contract:
1.Valid contract: which satisfy all elements
2.Void contract: which miss certain elements such as the capacity or the consent
3.Voidable contract: which satisfy all elements with some defects, such as lack of capacity of defective consent.
The Contract….
Impossibility of performance:
1.Objective impossibility
2.Subjective impossibility
The Contract….
Breach of contract:
1.Non-performance
2.Defective performance
3.Delayed performance
Studying …..
Reading part I of Chapter4
Please read, check, and keep in mind the following questions p. 101-106:
1,2,9,10,11,12,17,23,24,25,27,28,30,31,32,37,41,42,44,47,48,50
For next lecture, read part II of Chapter4
prepared by: DOAA ABOTALEB [email protected]
Activities…
Groups 7,8 and 9 write a research in one of the following topics:
Not more than 10 pages
soft copy only
Cover, introduction, research body, references, index
-1-Comparison between
Egyptian and American Contract
System
-2-Offer and
Acceptance
-3-Sources of
Obligations in Egypt and US
