合同法contract.ppt

CONTRACT LAW Article 19 of the Vienna Convention which provides that: (1)A reply to an offer which purports to be an acceptance but contains addition, limitation or other modifications is a rejection of the offer and constitutes a counter-offer. (2)However, a reply to an offer which porports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy(差异、误差） or dispatches a notice to the effect. If the offer does not so object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance. (3) Additional or different terms relating, among other things, to the price, payment, quality of the goods, place of delivery, extent of one party’s liability to the other or the settlement of disputes are considered to alter the terms of the offer materially. Handicapped Children’s Education Board of Sheboygan County vs. Lukaszewski Supreme Court of Wisconsin, 1983 112 Wis. ed 197 Parties in County Circuit Court Plaintiff Handicapped Children’s Education Board of Sheboygan County (hereinafter P) Defendant Lukaszewski (hereinafter D) Facts Jan, 1978 — P hired D as a speech therapist for the spring term. The work place was 45 miles from D’s home. During the 1978 spring term, P offered D a contract to continue for the 1978-1979 school year. And D accepted it. Aug, 1978 — D was offered another job that paid more and was closer to her home. D decided to accept this offer and submitted a letter of resignation to P. Facts — cont’d D actually began to work for the new employer. P refused to release D from her contract. D returned for the 1978 fall term, but she resented P for calling her back. Sep 8, 1978 — D expressed misgivings about her job, and then felt quite upset about the situation. Sep 8, 1978 — D left school for medical appointment and did not return from then. Fact