Formation of Contract
摘要
At the heart of any legal and business relationship is a contract. It is the essential agreement that sets out what each party promises to do, their rights, and their responsibilities. Even though the idea of a binding agreement is common everywhere, how a contract is officially made can be quite different depending on the legal system. This chapter embarks on a comparative analysis of contract formation under Australian contract law and Chinese contract law. In an increasingly globalised economy, understanding the similarities and divergences between these two prominent legal traditions is not merely an academic exercise. It has become essential for businesses, legal practitioners, and policymakers involved in cross-border transactions. Australia, with its common law heritage, and China, a civil law jurisdiction with a unique socialist legal framework, offer distinct approaches to establishing contractual relationships.