contract合同法.ppt

Questions P456, Q3 P456, Q4 Key Issue #3 – Contract Formation 2. Offeror’s Revocation Firm offer under CISG CISG: the promise of irrevocability does not have to be signed, does not have to be in writing and there is no time limitation. Key Issue #3 – Contract Formation 3. Offeree’s Rejection Reject by explicit words. Reject by acounteroffer(反要约), but not a bargaining. Reject by a conditional acceptance. Key Issue #3 – Contract Formation 3. Offeree’s Rejection Example: A offers to sell a car to B for $5000. B responds, “I will only pay $4900.” counteroffer B agrees on the condition that he is the only offeree. a conditional acceptance Key Issue #3 – Contract Formation 4. Death of Either Party before Acceptance The offer is terminated at the time of one’s death. It does not matter whether the other party knows about it or not. Key Issue #3 – Contract Formation Third Stage : Acceptance(承诺) Acceptance: a statement or conduct by the offeree indicating assent that is communicated to the offeror. Generally, silence or inactivity does not constitute acceptance. Key Issue #3 – Contract Formation The conditions of acceptance: An acceptance must be made before the offer expires. The acceptance must be unconditional and absolute, with the same contents as the offer. The acceptance must be made by offeree to offeror. Key Issue #3 – Contract Formation When is an acceptance effective? Generally, acceptance must be received by the offeror within the time period specified in the offer. If no time period is given, acceptance must be received within a reasonable time. If the offer is oral, the acceptance must be made immediately, unless the circumstances indicate otherwise. Key Issue #3 – Contract Formation When is an acceptance effective? When the offeror received the letter of acceptance. If the offeror asks for performance of an act, the acceptance is effective at the moment the act is performed. Key Issue #3 – Contract Formation Withdrawal: Because