1. What is law?
Two causes currently before the supreme court of the US
o Problem for the court: violation of the first amendment,
censoring influences the freedom of speech
Do tech platforms have fee speech rights to make editorial
judgments?
Are platforms like:
Newspapers?
Shopping centres?
Phone companies?
Question about offers
o Termination of an offer
Revocation:
Withdrawal of an offer by the offeror that terminates the
offer
US general rule:
An offer is like an outstretched hand, it may be
revoked at any moment prior to acceptance
Exception: firm offer rule
Principles of European Contract Law general rule:
Most offers considered ‘firm offers’
The counteroffer:
o Response by an offeree that contains terms and conditions
different from or in addition to those of the offer
Legal effect:
Terminates the previous offer (rejects original offer + at
the same time makes a new offer)
Cultural differences
o United states:
Contracts typically include detailed language for every
possible contingency
The written agreement is considered the definitive
expression of the parties’ agreement
Anything not explicitly included in the contract is assumed to
be intentionally omitted
Formally and specificity are emphasized in written contracts
o Germany:
Contracts may not need to include all terms as long as they
adhere to industry-standard practices
Referring to industry practices in the contact is often viewed
as redundant
Emphasis on well-known business customs rather than
detailed contract descriptions
, Written agreements may be less extensively delineated
compared to the United States
o France:
Contracts often focus on very flexible proof of oral
commercial agreements
Detailed contract descriptions are less common, with an
emphasis on adherence to business customs
Parties expect accommodations to be made as conditions
change, emphasizing the ongoing relationship between
parties
The profit of both parties is a fundamental concern, often
unwritten but implicit in the contract
o Japan:
Written agreements may be less common, with a focus on
the relationship between contracting parties
Contracts that are put in writing are often less extensively
delineated
Parties may expect flexibility and accommodations to be
made as conditions change
The ongoing relationship between parties is a fundamental
concern, influencing the implementation of contract terms
2. Contracts law
4 elements
o Consideration
o Capacity of the party
o Mutual agreement or Meeting of the minds
o Legality of the subject matter
Sherwood and walker article
o Difference with the motorcycle example: it’s based on the
substance of the contract
Neither of them knew the cow was pregnant
Mistake of material fact
o Mistakes of value:
Value is variable
List 4 relationships of undue influence that could give rise to the
decision of the contract by one of the parties
o Lawyer – client
o Banker – client
o Docter – patient
o Teacher – student
Scenarios given, voidable or not?
3. Discharge of liabilities, damages and other remedies
Two causes currently before the supreme court of the US
o Problem for the court: violation of the first amendment,
censoring influences the freedom of speech
Do tech platforms have fee speech rights to make editorial
judgments?
Are platforms like:
Newspapers?
Shopping centres?
Phone companies?
Question about offers
o Termination of an offer
Revocation:
Withdrawal of an offer by the offeror that terminates the
offer
US general rule:
An offer is like an outstretched hand, it may be
revoked at any moment prior to acceptance
Exception: firm offer rule
Principles of European Contract Law general rule:
Most offers considered ‘firm offers’
The counteroffer:
o Response by an offeree that contains terms and conditions
different from or in addition to those of the offer
Legal effect:
Terminates the previous offer (rejects original offer + at
the same time makes a new offer)
Cultural differences
o United states:
Contracts typically include detailed language for every
possible contingency
The written agreement is considered the definitive
expression of the parties’ agreement
Anything not explicitly included in the contract is assumed to
be intentionally omitted
Formally and specificity are emphasized in written contracts
o Germany:
Contracts may not need to include all terms as long as they
adhere to industry-standard practices
Referring to industry practices in the contact is often viewed
as redundant
Emphasis on well-known business customs rather than
detailed contract descriptions
, Written agreements may be less extensively delineated
compared to the United States
o France:
Contracts often focus on very flexible proof of oral
commercial agreements
Detailed contract descriptions are less common, with an
emphasis on adherence to business customs
Parties expect accommodations to be made as conditions
change, emphasizing the ongoing relationship between
parties
The profit of both parties is a fundamental concern, often
unwritten but implicit in the contract
o Japan:
Written agreements may be less common, with a focus on
the relationship between contracting parties
Contracts that are put in writing are often less extensively
delineated
Parties may expect flexibility and accommodations to be
made as conditions change
The ongoing relationship between parties is a fundamental
concern, influencing the implementation of contract terms
2. Contracts law
4 elements
o Consideration
o Capacity of the party
o Mutual agreement or Meeting of the minds
o Legality of the subject matter
Sherwood and walker article
o Difference with the motorcycle example: it’s based on the
substance of the contract
Neither of them knew the cow was pregnant
Mistake of material fact
o Mistakes of value:
Value is variable
List 4 relationships of undue influence that could give rise to the
decision of the contract by one of the parties
o Lawyer – client
o Banker – client
o Docter – patient
o Teacher – student
Scenarios given, voidable or not?
3. Discharge of liabilities, damages and other remedies
