第三部分 答疑与互动环节

Course Outline:
Introduction to Contract Law
The first part of the basic principles of the contract
Part Two: Risk Prevention and Practice of Procurement Contracts
Part Three Questions and Answers and Interactive Links
      The history of contract law
      The structure of contract law
      Basic principles of contract law
      The scope of application of contract law
The first part of the basic principles of the contract
1. The concept of contract
2. Conclusion of the contract
      Offer
      committed to
      Special contract formation method
      The main terms of the contract
      The eight main clauses of the contract
      Supplementary rules for contract terms
      Interpretation of contract terms
3. The validity of the contract
      Validity of the contract
      The establishment and effectiveness of the contract
      Invalid contracts, contracts with undetermined validity and revocable contracts
      Conditional and time-bound contracts
4. the performance of the contract
      Unexplained performance
      Basic principles of contract performance
      Performance of contracts involving third parties
      Contract guarantee method and type
      Right of subrogation and revocation
      Three defenses
5. Modification and assignment of the contract
      Assignment of contractual rights
      Assignment of contractual obligations
      General Acceptance of Contract Rights and Obligations
6. Termination of contract rights and obligations
      Natural termination of contract
      Termination of contract
      Negotiated
      Unilateral release
7. Liability for breach of contract
      Liability for breach of contract
      Types of breach of contract
      Main methods of liability for breach of contract
      Continued performance of the contract
      Liquidated damages
      compensation
      Liability for negligence
      Formation of Contracting Negligence Liability
      Responsibilities for negligence and avoidance methods that are easy to appear in procurement contracts
      Guarantee responsibility
      Types of deposit liability and penalties
      Other guarantee responsibilities
      Other liability for breach of contract
      Exemption of contract liability
            force majeure
            The application and restriction of the principle of change of circumstance
Part II Procurement Contract Practice
1. Several special procurement contracts
      Contracts for the purchase of water, electricity, coal, etc.
      Continuous purchase contract
      Purchase contract for the purchase of services
2. Preparation for entering into a contract
How to conduct legal qualification review on suppliers?
      Confirm the ability of both parties to perform the contract
      Prepare your contract text: Draw a blueprint for your contract negotiation
      Who has the right to negotiate contracts on behalf of the company?
      Agency and authorization issues
      The determination of the signing time of the purchase contract and the choice of the place where the purchase contract is signed
      The Legal Risk and Control of Backward Signing of Contracts
      How to determine the place where the contract is signed?
      What impact does the place of contract signing have on the execution of the contract?
3. Risk analysis in the process of contract negotiation, signing and performance
      Inspection and confirmation of authorization Distinguish agency relationship and sales relationship
      What should I do if the contract has not been signed, but the service has been requested?
      What should I do if I encounter a breach of contract by the other party?
      How should we remedy when we have to breach the contract?
      How do we respond when we encounter force majeure?
      How should both parties change the contract?
      Must pay attention to the risks of contract outsourcing, contract transfer, contract suspension and termination
4. the special legal issues of procurement contracts and their countermeasures
      Delivery and ownership transfer in purchase contracts
      Types of delivery and legal effect
      Chattel ownership transfer
      Transfer of ownership of real property
      The principle of risk transfer in procurement contracts
      What is risk transfer
      Specific provisions for risk transfer in procurement contracts
      Countermeasures for the Risk Transfer of Purchase Contract
5. Frequently Asked Questions and Responses to Important Terms of Purchase Contract
      Quantity and quality clause
      Price clause
      Time limit and method of performance
      Guarantee and liability for breach of contract clause
      Risk transfer clause
      Title retention clause
      Force majeure clause
      Intellectual property, confidentiality agreement terms
      Dispute Resolution Clause
      The methods and characteristics of purchasing contracts usually adopted
6. Legal risks and prevention of contract dispute relief
      Legal risk of contract relief for breach of contract by the other party
      Legal risk of contract relief for one's own breach of contract
      Risk prevention of contract disputes
      Evidence must be kept for fulfilling obligations
      Evidence of non-fulfillment of obligations
      Avoid leaving evidence to the other party
      Eliminate flaws in evidence
      Evidence collection design
7. Remedy in case of contract disputes
      Remedial measures after a dispute
      Principles to be followed when communicating and negotiating contract disputes
      How to obtain evidence to ensure the key interests of the enterprise?
      Points to note when signing supplementary agreements or modifying contracts
      Litigation/arbitration process
Part Three Questions and Answers and Interactive Links

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