UNIT 4: International Contracts

Question 1

What is an international contract ? Give a simple example

Answer 1

A international contract is an agreement made by 2 or more parties whose activities are subject to different national laws, In another words, is a contract entered into by 2 or more parties whose activities are in different countries and all of this situation can cause conflicts o laws and jurisdictions.

Example –> A company form Spain sells products to a company in Mexico. They sign a contract, and that is an international contract because spanish law and Mexican law are different

Question 2

What is a contract ?

Answer 2

A contract is an agreement .

A contract is a written or spoken agreement between 2 or more people or companies.

Question 3

Why are some/most of the contracts written down ?

Answer 3

As proof/ evidence of the contract ( Ad probationem )

Question 4

Name the requirements of an agreement to be a proper contract

Answer 4

1) Free will consent
2) Object
3) Cause
4) ( Form / others )

Question 5

Explain the first requirement of an agreement to be a proper contract

Answer 5

1) Free will consent

The free will basically says that the agreement must be voluntary ( no violence, no pressure, no desperation ) and consciously ( with legal capacity, no falsehood and complete knowledge that is basically transparency )

Question 6

Explain the second requirement of an agreement to be a proper contract and give a simple example

Answer 6

2) Object

The object of the contract is what the contract is about ( the thing or service being exchanged )

It must be something real and legal in the contract

• things or services
  -present or future
• possible and marketable

Example:
selling a car –> VALID
selling drugs –> NOT VALID

Question 7

Explain the third requirement of an agreement to be a proper contract and give a simple example

Answer 7

3) Cause

Is important to have a reason/ purpose that is legal in order to have a contract.

In simple words:
- reason why
- not illegal
- it is always presumed, unless otherwise proved ( that basically means that we believe is legal unless someone proves the oposite.

Example:
I will pay yo to go and fix my car –> VALID
I will pay you to go and hurt someone –> NOT VALID

Question 8

Drafting a contract ( Basic Structure of a contract ) Explain the PREAMBLE

Answer 8

The preamble is the intro of the contract.
It includes:
- the parties given their free consent
- the cause, the reason why
- the title
- the date and place
- the parties
- the recitals/ manifestations / expository part –> that is basically the reason why they are making the contract

Question 9

Drafting a contract ( Basic Structure of a contract ) Explain the STIPULATIONS / CLAUSES