单词 | Agreement |
释义 | 協議 In contract law, the stage at which the negotiations between the parties are complete. The foundation of legal relations called a ‘contract’ is the agreement of the parties. The traditional approach to establish agreement between the parties requires offer and acceptance, which is a clear indication by one party (the offeror) of a willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed: Betty M Ho, Hong Kong Contract Law, (Butterworths, 1994) ch 2. Whether or not identifiable offer and acceptance are present, the formation of agreement may be inferred from the conduct of the parties: Clarke v The Earl of Dunraven & Mount-Earl [1897] AC 59 (HL). See also Acceptance; Contract; Offer; Term. 在合約法中,各方已完成磋商的階段。在法律基礎上稱為「合約」,即雙方的協議。證實各方之間的協議的傳統方法是需要有要約及承約,即一方(要約人)清楚表明願意就若干條款立約,意圖一俟該合約致予的人接受該合約,即達成具約束力的合約:Betty M Ho, Hong Kong Contract Law (Butterworths, 1994年)第2章。不論有否存在可以識別的要約及承約,可從各方的行為推斷出協議:Clarke v The Earl of Dunraven & Mount-Earl [1897] AC 59(上議院)。另見 Acceptance; Contract; Offer; Term。n. |
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