bierhoof
发表于 2005-5-28 15:57:24
事关转会大事啊!
怎么不重要?
还有,为什么曲波无法转会英超?就是国籍问题啊,要不然还需要李铁、孙祭海独自玩英超吗?
还有,cm号称最接近真实足球,那就要斤斤计较。要是老是以不过是游戏为借口,那cm永远不能进步。
最后就是:游戏可以实现现实里不能实现的东西,但不能让游戏违背现实里的既定规则啊
[ Last edited by bierhoof on 2005-5-28 at 04:06 PM ]
天平座男生
发表于 2005-5-28 16:52:52
晕特了,游戏嘛.较真就没法玩了
longpo2617
发表于 2005-5-28 19:57:50
不,我刚在网上查了一下英国合同法,看了几大页,英国的合同法与中国的合同法的确存在不小的差异,内容如下
↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓↓
CENTRAL LONDON PROPERTY TRUST LIMITED v. HIGH TREES HOUSE LIMITED.
1946 July 18. Denning J.
Contract - Agreement intended to create legal relations - Promise made thereunder - Knowledge of promisor that promisee will act on promise - Promise acted on - Enforceability of agreement without strict consideration - Agreement under seal - Variation of by agreement of lesser value - Estoppel.
By a lease under seal dated September 24, 1937, the plaintiff company let to the defendant company (a subsidiary of the plaintiffs) a block of flats for a term of ninety-nine years from September 29, 1937, at a ground rent of 2,500l. a year. In the early part of 1940, owing to war conditions then prevailing, only a few of the flats in the block were let to tenants and it became apparent that the defendants would be unable to pay the rent reserved by the lease out of the rents of the flats. Discussions took place between the directors of the two companies, which were closely connected, and, as a result, on January 3, 1940, a letter was written by the plaintiffs to the defendants confirming that the ground rent of the premises would be reduced from 2,500l. to 1,250l. as from the beginning of the term. The defendants thereafter paid the reduced rent. By the beginning of 1945 all the flats were let but the defendants continued to pay only the reduced rent. In September, 1945, the plaintiffs wrote to the defendants claiming that rent was payable at the rate of 2,500l. a year and, subsequently, in order to determine the legal position, they initiated friendly proceedings in which they claimed the difference between rent at the rates of 2,500l. and 1,250l. for the quarters ending September 29 and December 25, 1945. By their defence the defendants pleaded that the agreement for the reduction of the ground rent operated during the whole term of the lease and, as alternatives, that the plaintiffs were estopped from demanding rent at the higher rate or had waived their right to do so down to the date of their letter of September 21, 1945.
Held (1.) that where parties enter into an arrangement which is intended to create legal relations between them and in pursuance of such arrangement one party makes a promise to the other which he knows will be acted on and which is in fact acted on by the promisee, the court will treat the promise as binding on the promisor to the extent that it will not allow him to act inconsistently with it even although the promise may not be supported by consideration in the strict sense and the effect of the arrangement made is to vary the terms of a contract under seal by one of less value; and
(2.) that the arrangement made between the plaintiffs and the defendants in January, 1940, was one which fell within the above category and, accordingly, that the agreement for the reduction of the ground rent was binding on the plaintiff company, but that it only remained operative so long as the conditions giving rise to it continued to exist and that on their ceasing to do so in 1945 the plaintiffs were entitled to recover the ground rent claimed at the rate reserved by the lease.
ACTION tried by Denning J.
By a lease under seal made on September 24, 1937, the plaintiffs, Central London Property Trust Ld., granted to the defendants, High Trees House Ld., a subsidiary of the plaintiff company, a tenancy of a block of flats for the term of ninety-nine years from September 29, 1937, at a ground rent of 2,500l. a year. The block of flats was a new one and had not been fully occupied at the beginning of the war owing to the absence of people from London. With war conditions prevailing, it was apparent to those responsible that the rent reserved under the lease could not be paid out of the profits of the flats and, accordingly, discussions took place between the directors of the two companies concerned, which were closely associated, and an arrangement was made between them which was put into writing. On January 3, 1940, the plaintiffs wrote to the defendants in these terms, "we confirm the arrangement made between us by which the ground rent should be reduced as from the commencement of the lease to 1,250l. per annum," and on April 2, 1940, a confirmatory resolution to the same effect was passed by the plaintiff company. On March 20, 1941, a receiver was appointed by the debenture holders of the plaintiffs and on his death on February 28, 1944, his place was taken by his partner. The defendants paid the reduced rent from 1941 down to the beginning of 1945 by which time all the flats in the block were fully let, and continued to pay it thereafter. In September, 1945, the then receiver of the plaintiff company looked into the matter of the lease and ascertained that the rent actually reserved by it was 2,500l. On September 21, 1945, he wrote to the defendants saying that rent must be paid at the full rate and claiming that arrears amounting to 7,916l. were due. Subsequently, he instituted the present friendly proceedings to test the legal position in regard to the rate at which rent was payable. In the action the plaintiffs sought to recover 625l., being the amount represented by the difference between rent at the rate of 2,500l. and 1,250l. per annum for the quarters ending September 29, and December 25, 1945. By their defence the defendants pleaded (1.) that the letter of January 3, 1940, constituted an agreement that the rent reserved should be 1,250l. only, and that such agreement related to the whole term of the lease, (2.) they pleaded in the alternative that the plaintiff company were estopped from alleging that the rent exceeded 1,250l. per annum and (3.) as a further alternative, that by failing to demand rent in excess of 1,250l. before their letter of September 21, 1945 (received by the defendants on September 24), they had waived their rights in respect of any rent, in excess of that at the rate of 1,250l., which had accrued up to September 24, 1945.
Fortune for the plaintiffs. The plaintiffs are entitled to recover rent on the basis of it being at the rate of 2,500l. a year, the amount reserved by the lease. The document in question was under seal and consequently could not be varied by a parol agreement or an agreement in writing not under seal. If there was a fresh agreement, it was void since it was made without consideration and in any event it was only an agreement of a purely temporary character necessitated by the difficult conditions prevailing when it was made, and coming to an end when those conditions ceased to exist at the end of 1944 or the beginning of 1945. Even supposing that the plaintiffs were held to be estopped from denying the existence of a new agreement, such estoppel would only operate so long as the conditions giving rise to the arrangement on which the estoppel was based, continued. 2 All E. R. 361.] It has recently been considered by Humphreys J. in Buttery v. Pickard W. N. 25. He also referred to Forquet v. Moore (1852) 22 L. J. (Ex.) 35, Crowley and Others v. Vitty (1852) 21 L. J. (Ex.) 135 and Foa, Landlord and Tenant, 6th ed., p. 701.
Ronald Hopkins for the defendants. The company are only liable to pay rent at the rate of 1,250l. per annum. The letters passing between the parties and the entry in the minute book of the plaintiff company constitute evidence of an agreement, which, although possibly not supported by such consideration as would strictly be necessary at common law, was of a type which a court of equity would enforce if it were satisfied that the parties intended to give contractual efficacy to that to which they were agreeing. The reduction in rent was made so that the defendants might be enabled to continue to run their business and that was sufficient to enable a court to hold the agreement binding on the plaintiff company. With regard to the variation of an agreement under seal by a parol agreement or an agreement in writing, in Berry v. Berry 2 K. B. 316, 319, Swift J. said it was true that a covenant could not be varied except by some contract of equal value, but, he continued "although that was the rule of law, the courts of equity have always held themselves at liberty, to allow the rescission or variation by a simple contract of a contract under seal by preventing the party who has agreed to the rescission or variation from suing under the deed. In Nash v. Armstrong (1861) 10 C. B. (N. S.) 259 it was held that a parol agreement not to enforce performance of a deed and to substitute other terms for some of its covenants was a good consideration for a promise to perform the substituted contract ..." If the above contentions fail, the defendants rely on the doctrine of estoppel, The propositions of law laid down in Re William Porter & Co., Ld. 2 All E. R. 361 exactly apply to the present case. The reduction in the rent was made in order that the defendants might be able to carry on their business. As a result of the reduction the business was carried on and the defendants arranged their affairs on the basis of the reduced rent with the result that the plaintiffs are estopped from claiming any rent beyond 1,260l. per annum for the whole period of the lease. Finally, the letters passing between the parties constituted a waiver by the plaintiffs of their right to a higher rent than 1,250l. down to the date of their letter of September 21, 1945.
Fortune in reply.
↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑↑
longpo2617
发表于 2005-5-28 20:15:20
还有很多传不上来了。。。。我看都看了大半个小时。。。
bierhoof
发表于 2005-5-28 21:32:19
英国何时有成文法了啊?
英国是判例制度啊!
terry_zhow
发表于 2005-5-28 23:17:24
哈哈哈!认真啊!
kosa
发表于 2005-5-28 23:55:52
中国人是不可以有双重国籍啦~~(香港等地例外)
外国没有这些限制~~
fisherer2000
发表于 2005-5-29 00:17:19
楼主真的很强,游戏玩到这个份上
用游戏状态中的话来说就是“你需要分清现实和游戏了”^^
如果真的要找问题的话,游戏中不合理的东西到处都是,然而我们是在玩,并不是生活在游戏中啊
hunters_yang1
发表于 2005-5-29 06:53:59
还真有几个较真的!服了你们了!
风四少
发表于 2005-5-29 09:06:14
如果游戏和现实一样。。。。。那么。。。游戏还是游戏吗?