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Essay / Research Paper Abstract
This 6 page paper makes a direct comparison of contract law in China and England looking at the basic foundations, the requirements for a contract to be valid and the way in which issues such as fraud, misrepresent, misunderstanding and breach will be dealt with by the courts. The bibliography cites 10 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEchinacont.rtf
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Unformatted sample text from the term paper:
likely that there will be contract between Chinese and other parties and that there will need to be an understanding of Chinese commercial and contract law. China has a
very different history and legal system, however there are also many commonalities in commercial and contract law when it is compared to English law. There are some differences in the
development of Chinese law. Under English law there has been a history of development with the use of previous cases and the development of precedent in both contract and commercial
law (McKendrick, 2005). In China the previous judgments do not create a binding precedent and as such are mostly irrelevant (Zhang, 2006). In addition to this the current system of
law and rules governing commerce and contracts is also relatively young, only developing during the 1980s (Potter, 1983). The law has developed
with a number of articles, or codified laws, the first contract law was created in 1981 (Potter, 1983). If we compare Chinese1 contract law with English contract law the
Chinese contract law there is a greater uncertainty in the way the Chinese law will be applied, not only as the lack of binding precedent, but also in the lack
of doctrines to act as a foundation of the law. However, there are many commonalities. If we look at the essential principles these apply to all contracts and cannot
be excluded and may be seen as filling in the gaps where English law uses existing doctrines. These are needed as there are only 428 articles currently used with reference
to contract law cases (Zhang, 2006). Just as with English law some types of agreement are excluded, such as marriages and family agreements such as guardianship and adoption (Chinese
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