The contract law stipulates the court that enforces or fails to fulfill the promise between the two parties to the communication. A contract can be formed by an oral or written agreement. The concept of "contract" is based on the Latin phrase that treaties must be observed (agreements must be maintained). [27] In Anglo-American jurisdictions, the establishment of a contract requires three key elements: offer and acceptance, and the legal relationship to be considered and intended to be established. In Carlisle v. Carbonated Tobacco Ball Company, the pharmaceutical company announced its new specific drug, which will cure human avian influenza in tobacco balls. If not, the buyer will get ~ 100. Many people accuse them of 100 drugs being useless. For fear of bankruptcy, the advertisement of carbolic acid controversy was not considered as a serious and legally binding proposal. This is an invitation, a treat, just a blow, a trick. But the court of appeal held that a reasonable man, carbolic acid, made a serious proposal. People provide it with good consideration to "unique inconvenience" with a wrong product. "What would you do if you read this advertisement? You will struggle with it because you will say, "Judge Lindley," this is a unique promise, and the language is completely correct. " [ 28 ]
"Negotiation" shows the fact that all parties exchange valuable things in the contract. Some common law systems, including Australia, are giving up the idea of considering claims. This idea can't be repented before undertaking the obligation in the production process or the liability for contracting fault can be used in contract negotiation. [29] In civil law jurisdictions, contracts need not be binding on deliberations. [30] In France, ordinary contracts are based on a simple form, "agreement" or "consent will". Germany has a special method and contract related to intellectual property law. They will be granted the Abstraktionsprinzip, which refers to the contractual form of personal obligation to separate property ownership. When the contract is invalid for some reason (for example, the car buyer is drunk and he lacks legal capacity) [3 1], the contract is obliged to pay compensation for the car with invalid patent ownership. Then use unjust enrichment law, not contract law, to restore the legitimate owner of ownership. [ 32