An Introductionto

Anglo-American Law

First Grade

prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com1

Fourth Lecture

prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com2

Definitions….

Legal Capacity: the ability to enjoy right and to bear obligations

Natural persons: human beings

Legal persons – juristic person –artificial person: companies, association, ….

Sources of obligations: reasons of being a right holder or responsible.

Child conceived – unborn child –child en ventre sa mere: the child not yet born

Voidable contract: a contract which may become a void or a valid contract, according to whether the interested party requires its nullity or not.

Void contract: a contract which lack any legal effect.

Valid contract: a contract which entail its legal effect

Legal Capacity….

Meaning of Legal Capacity:

Persons in Law:

1.Natural persons

2.Artificial persons

Capacity of Natural Persons:

Sources of Liability

In Egypt:

1.Intentional sources: (Contract –Unilateral acts – Unlawful acts)

2.Unintentional sources: (Enrichment without Cause - Law)

In US & UK:

1.Contract

2.Tort

3.Quasi-Contract:

The Contract…

An agreement between two or more persons to create, modify or abolish a legal relation

The Contract…

Elements of the contract:

1. Offer & acceptance

2. Intention

3. Capacity

4. Consent

5. Consideration

6. Legality of object

7. Possibility of performance

The Contract…

Formation of the Contract:

1.Offer & Acceptance

2.Invitation to treat

3.Effectiveness of acceptance (dispatching or receiving)

In US & UK In Egypt

Acceptance is valid by just dispatch

Acceptance is valid by its receiving

The Contract….

Requirement of writing:

1.Writing is not required as general rule in majority of contract

2.In case of writing, no oral evidence accepted

3.In exceptional cases, writing is obligatory, such as companies and insurance contracts

The Contract…

Invalidity of contract:

1.Valid contract: which satisfy all elements

2.Void contract: which miss certain elements such as the capacity or the consent

3.Voidable contract: which satisfy all elements with some defects, such as lack of capacity of defective consent.

The Contract….

Impossibility of performance:

1.Objective impossibility

2.Subjective impossibility

The Contract….

Breach of contract:

1.Non-performance

2.Defective performance

3.Delayed performance

Studying …..

Reading part I of Chapter4

Please read, check, and keep in mind the following questions p. 101-106:

1,2,9,10,11,12,17,23,24,25,27,28,30,31,32,37,41,42,44,47,48,50

For next lecture, read part II of Chapter4

prepared by: DOAA ABOTALEB doaaabotaleb@yahoo.com14

Activities…

Groups 7,8 and 9 write a research in one of the following topics:

Not more than 10 pages

soft copy only

Cover, introduction, research body, references, index

-1-Comparison between

Egyptian and American Contract

System

-2-Offer and

Acceptance

-3-Sources of

Obligations in Egypt and US