英语翻译
(1)Consumers may often be asked to sign contracts that contain a myriad of fine-print provisions,many of which are quite harsh.For example,a price-adjustment clause may increase the price of a car over the contract price before delivery,or a waiver clause may surrender the consumer's rights to resist the entering of a legal judgment against him upon default of an installment payment.Most consumers signing such contracts are unaware of the existence of the legal effect of such clauses.Some courts have refused to enforce them on the theory that they were not really communicated to the consumer.
(2)Typical of the application of the doctrine of promissory estoppel in limiting the right to revoke an offer is the situation that arises between a general building contractor and various subcontractors.The general contractor requests bids (offers) from potential subcontractors who would do heating,plumbing,electrical,and carpentry work on a building owner.The general contractor relies on some of these bids in making its own bid to the building owner.Then the general contractor finds that the building owner has accepted its offer to do the required work.Before the general contractor`s bid (offer) is accepted,it is revoked by the subcontractor.The following case exemplifies the resolution of such a problem and the court`s limitation of the right to revoke an offer.
(3)If the offer does not require the offeree to use a specific means of communication,problems can arise concerning the time at which an acceptance by an offeree would be effective.While the time of acceptance is not critical to most contracts,where the offeror has attempted a revocation or where the intended acceptance is delayed or lost,an analysis of the method or time of acceptance is necessary.
(4)However,the rule that courts will refrain form inquiring into the adequacy of consideration assumes that the parties have freely entered into their agreement.Where this assumption is questioned,the courts will take into account the adequacy of the consideration,duress,undue influence,or mistake,a court will examine the adequacy of the consideration as evidence of the existence of those factors.
人气:166 ℃ 时间:2019-08-20 19:22:57
解答
the rule that courts will refrain form inquiring into the adequacy of consideration assumes that the parties have freely entered into their agreement
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