fifth lecture

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Course module for First Grade students at Faculty of Law - Ain Shams University

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  • 1. An Introductionto Anglo-American LawFirst Grade1 prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com

2. Fourth Lecture2 prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com 3. Definitions.Legal Capacity: the ability to enjoy right and to bear obligationsNatural persons: human beingsLegal persons juristic person artificial person: companies, association, .Sources of obligations: reasons of being a right holder or responsible. 4. Child conceived unborn child child en ventre sa mere: the child not yet bornVoidable 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 5. Legal Capacity.Meaning of Legal Capacity:Persons in Law: 1.Natural persons 2.Artificial personsCapacity of Natural Persons: 6. Sources of LiabilityIn Egypt:1.Intentional sources: (Contract Unilateral acts Unlawful acts)2.Unintentional sources: (Enrichmentwithout Cause - Law)In US & UK:1.Contract2.Tort3.Quasi-Contract: 7. The ContractAn agreement between two or more persons to create, modify or abolish a legal relation 8. The ContractElements of the contract:1. Offer & acceptance2. Intention3. Capacity4. Consent5. Consideration6. Legality of object7. Possibility of performance 9. The ContractFormation of the Contract:1.Offer & Acceptance2.Invitation to treat3.Effectiveness of acceptance(dispatching or receiving) In US & UK In Egypt Acceptance is valid by Acceptance is valid by just dispatchits receiving 10. The Contract.Requirement of writing:1.Writing is not required as generalrule in majority of contract2.In case of writing, no oral evidenceaccepted3.In exceptional cases, writing isobligatory, such as companies andinsurance contracts 11. The ContractInvalidity of contract:1.Valid contract: which satisfy allelements2.Void contract: which miss certainelements such as the capacity or theconsent3.Voidable contract: which satisfy allelements with some defects, such aslack of capacity of defectiveconsent. 12. The Contract.Impossibility of performance:1.Objective impossibility2.Subjective impossibility 13. The Contract.Breach of contract:1.Non-performance2.Defective performance3.Delayed performance 14. Studying .. Reading part I of Chapter4 Please read, check, and keep inmind the following questions p.101-106: 1,2,9,10,11,12,17,23,24,25,27,2 8,30,31,32,37,41,42,44,47,48,50 For next lecture, read part II ofChapter414 prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com 15. ActivitiesGroups 7,8 and 9 write a research in one of the following topics:Not more than 10 pagessoft copy onlyCover, introduction, research body, references, index 16. -1-Comparison between Egyptian and American Contract System 17. -2- Offer andAcceptance 18. -3- Sources ofObligations inEgypt and US

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