the united states. it describes what powers the government has, as well as what rights us citizens have. All other laws must comply with the constitution. It has six basic principles.
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The Main sources for contract law
Common law Treatises Restatement of contract The uniform commercial code
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treatises Every student comes across reference to
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Common law
the laws based on previous court ruling are called common law or case, law. This system date back to eleven century England where judges contemplating a case would refer to previous decision. When common law is in conflict with statutory law, the statutory law is upheld.
American Contract Law
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整体概况
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Introduction
The American democracy is based on the following six essential principles:
1.the majority rules 2.protection of political rights of minorities 3.citizen agree to be ruled by a system of law 4.free exchange of ideas and opinions 5.equality of all citizens erment exists to serve the people
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Public law
Public law deal with the relationship between the government and its citizens. The four categories of public law are constitutional law, international law, criminal law and administrative law.
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Public law and Private law
Private laws deal mainly with disputes between individuals, businesses, or other organizations. The outcome of these disputes is usually a fine or award of money as opposed to a jail sentence. Private law encompasses property, contracts, family relation and tort.
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Statutory law
Statutory law is written law that is passed by legislatures, congress, state legislatures, and local government all enact statues. While constitutional law is broad and leaves room for interpretation, statutory law is generally more detailed and precise. Regulations passed by agencies are even more specific than statutes.
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equity
Equity cases deal with the fairness or justice of a situation Judges decide the issues, and a jury isjunctions to prevent the unfair act from happening again.
Professor Williston’s and Professor Corbin’s treatises.
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Restatement of contract
The American Law Institute published the Restatement (first) of Contract in 1932. The Restatement set forth a series of black letter rules governing contract formation, operation, breach, etc., by restating the majority rules governing those principles adopted by courts throughout the country.
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Sources of American law
There are four sources of American law: the constitution, statutory law, common law and equity.
the constitution is the supreme law of