“Simple contract”的意思、由来-开放百科全书

In contract law,^[1] a simple contract is a contract made orally or in writing, rather than a contract made under seal.^[2] Simple contracts require consideration to be valid,^[3] but simple contracts may be implied from the conduct of parties bound by the contract.^[4] William Blackstone observed in his Commentaries on the Laws of England that in the seventeenth century, debtors used simple contracts as one of three accepted forms of unsecured debt instruments.^[5] In 1828, the Parliament of the United Kingdom amended the statute of frauds so that oral acknowledgments or promises could not be used as evidence to prove the existence of a simple contract.^[6] Today, some American jurisdictions have established that a security interest is perfected "when a creditor on a simple contract cannot acquire a judicial lien that is superior to the interest" of the secured party.^[7]

1. ^Jack Beatson, {{smallcaps|Anson’s Law of Contract}} 73 (2002) ("English law does not regard a bare promise or agreement as legally enforceable but recognises only two kinds of contract, the contract made by deed, and the simple contract.").
2. ^David M. Walker, {{smallcaps|The Oxford Companion to Law}} 1144 (1980) (describing a "simple contract" as a "contract made not under seal, but orally or in writing").
3. ^Jack Beatson, {{smallcaps|Anson’s Law of Contract}} 73 (2002).
4. ^{{small caps|Black's Law Dictionary}}, Simple Contract (Accessed July 24, 2015).
5. ^George Lee Flint, Jr.& Marie Juliet Alfaro, Secured Transactions History: The Impact of Southern Staple Agriculture on The First Chattel Mortgage Acts in The Anglo-American World, 30 {{smallcaps|Ohio N.U.L. Rev.}} 537, 545 (2004) (citing 2 William Blackstone, {{smallcaps|Commentaries on the Laws of England}} 465 (Chicago, Callaghan & Co. 1879)).
6. ^Statute of Frauds Amendment Act 1828, 9 Geo 4 c 14 (1828).
7. ^Timothy R. Zinnecker, Purchase Money Security Interests in the Preference Zone: Questions Answered and Questions Raised by the 1994 Amendments to Bankruptcy Code § 547, 62 {{smallcaps|Mo. L. Rev.}} 47, 84 (1997) (internal quotations omitted).

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