国际商法教学案例-英文选编-粉皮书案例中英答案汇总.docVIP

PAGE PAGE 26 P279 Lucy et al v. Zehmer et al 1：回答是否定的，判决结果不一定对他不利。结合本案，如果事实能证明被告Zelmer喝酒喝得烂醉，不能控制自己的行为，不明白自己所签署的文书所带来的法律后果，以致于失去理解协议内容的能力，那么Zehmer也就丧失了民事行为能力。此时他签署的合同应是无效的或是可撤销的，则判决将倾向于对他有利。但本案中双方醉酒之程度尚不致剥夺自由行使意思能力，故契约实已成立，原告应履行交付土地义务，以维护交易公平。 1: The answer is no, the ruling does not necessarily against him. Combination of the case, if the facts can prove that the defendant Zelmer drinking drunk, can not control their own behavior, do not understand their own instruments signed by the legal consequences, resulting in the loss of the ability to understand the agreement, it also lost the Zehmer capacity for civil conduct. At this time he signed the contract should be null and void or voidable, then the decision will tend in his favor. But the present case, the two sides of the level of drunkenness was not caused by deprivation of liberty and the ability to put the point, it really has set up a contract, the plaintiff should fulfill the obligation to deliver the land to maintain a fair deal.2：被告先后签署了两份协议使判决结果向原告倾斜，因为这种行为表明了Zehmer 慎重行事及明白自己在干什么。他虽喝了酒，但并未醉到丧失理智和判断能力，而且协议的重新拟订的过程是严肃认真的，做到了双方合意。在第二份协议上被告让其妻也签名更表明他的诚意及这一过程的性质是正式的。法官有理由认定这一协议为一有效的有约束力的合同。 2: The defendant has signed two agreements to make judgments to favor the plaintiff, since such an act shows Zehmer act with caution and understand what he was doing. Although he had drunk, but not drunk to the loss of ability to reason and judge, but agreed to re-drafting process is serious, so that both sides desired. In the second agreement signed on the defendant to his wife also stated that it was his sincerity and the nature of this process is formal. The judge finds that the agreement is a reasonably valid and binding contract.3：目的在于说明订立合同双方合意的证据。这些事实都表明双方的郑重其事，从而证明其性质为商业交易而不是一个随意夸大其词的玩笑。 3: The purpose is to describe the two sides entered into a contract satisfactory evidence. These facts indicate that both serious about their future and thus to prove that the nature of commercial transactions, rather than a ra