Contract Law 1/2/3

1. Offer / acceptance
2. Exchange of offer/acceptance
3. Offer/acceptance correspond (concerning all essential points); implied promises
4. Capacity to act 1.Age (exception minors: necessaries [goods or services needed for minor’s livelihood])
5. 2.Capacity to consent

1. The offer must be communicated to the person to whom it is adressed
2. The offer must manifest a willingness to enter the contract.
3. The offer must make clear, that acceptance will create the contract.
   1. Exception: Proposals are non-binding

1. If it is written - there must be a signature
2. If the object of the contract is immovable a publig register must note the contract/transaction

Every party must act in good faith in excercise of its rights and the performance of its obligations

•  Mistake of fact
  • An original paintin turns out to be forgery
•  Failure of expression - A disacord in what the party really meant to what it actually expressed
  • a typing mistake = 100.- instead of 1000.
  •  

• Pre-formulated provisions used for an indefinite number of contracts that must be agreed upon before in order to conclude a contract.

• Place of performance
  • Usually in the contract
  • if not, at the resident of the creditor at the time of the performance
• Time of performance
• Costs of performance
  • Usually in the contract
• Right to subcontract
• Corporation Obligations
  • the customer must let the other contractor perform his/hers duty

Non-performance or defective performance

Default:
If the supplier is unable to deliver the goods on time

Performance impossible:
e.g. if the seller isn't allowed by law to ship the goods in the purchsers's country

Defective Item:
Defective products

Non-observance of other obligations:
Supplier causes damage by providing the service
e.g. deletes data while installing something.

The Buyer is able to terminate the contract. (claim the refund and the restitution of the price)

The buyer claims compensation for the damages suffered (contract remains in effect)

A window of time one has to initiate a claim in court.

Property Law governs the ownership of property. (Does not include intellectual property rights)

With delivery of the object.

The aquisition passes with a agreement (sales contract) and a new record in the public deed. e.g. of land -> land register

• It is a ownership document used as a reciept usually carried by the carrier by delivery.
• The holder of this document is able to sell the product, therefore it is equivalent to the delivery of the goods.
• Goods can be sold or traded during transport
   

The seller is obligated to transfer

• title
  • no third party can have rights unless agreed
• item
  • Agreed specifications Implied promises (qualities purchaser may assume in good faith)

The purchaser is obligated to transfer

• payment of the price
• acceptance of the item
  • Inspection of the goods after delivery
  • defects detected must be notified immediately (Otherwise deemed to accept the product with defects)

• Immediately upon delivery
• In case of defects, has to give notice immediately

• Reduction of the price
• Rescission (Minderung) from the sales contract
• substitute eprformance (Only possible with consume_products (IPhone, PC))
• refund of damages suffered (only when co-indepted)
• no claim of repair

Most of the time in case of a project, a Work and Services contract is concluded in order to produce certain effect of work result. E.g. 

• Construction of house
• Development of customized software
• Composition of piece of music

• As soon as delivered or completed. Here the Buyer must as well inspect the work and confirm the quality stated in the contract.
• The warranty period starts, the buyer must immediately notify the seller in case of defects
• The acceptance after the inspection triggers the payment

• reduce of the price
• terminate the agreement
• requirenments of repair
  • Here it depends on the product delivered or the work performed

Payment of th price

• fixied price
  • is agreed in the contract
• no ficed price
  • if on time and material basis
  • estimated price
  • valuw of the work (calculated by a outstanding person)
• Cost ceiling (upper limit of the price)
• Payment terms
  • payd in stages (milestones) during the performance of the work

• drafting of the specifications
• appointment of a customer project manager
• access (building, building lot, IT environment)

Here the work result is not seeked, however the performing agent must provide his services in a dilligent manner and use reasonalbe skills. We must pay the agent and refund acured expenses.

E.g. You expect from a doctor the required skills

The contractor tries to avoid the responsibility for the work results they produce. He is nonetheless responsible to work loyally and diligently.  

• Refund damage caused
• Reduction of the fee

By a fixes price or estimated by time and material used.

May be terminated at any time by either party because it is based on trustworthyness.
Any damages must be recompensated if the mandate is terminated in a unreasonable moment.

• Unilateral/bilateral confidentiality
• Clauses covering any information/only information labelled as “confidential”
   

It is a fixed amount to be paid in case of a breach of contract.