Lesson-4合同法.pptVIP

Lesson Four Essentials of Contract ---Offer (2) Contents 1. Termination of offer 2. Revocation of offer 3. Irrevocability of offer 1. Termination of offer An offer does not remain capable of being accepted forever. An offer may come to an end in a number of ways. 要约的消灭或者要约的终止，指要约丧失法律效力，要约人与受要约人均不再受其约束。要约人不再承担接受承诺的义务，受要约人亦不再享有通过承诺使合同得以成立的权利。 Termination can occur in the following ways: A. Acceptance This will normally mean the offer is no longer available to anyone else. B. Refusal A direct rejection terminates an offer, and it cannot thereafter revived by the offeree’s attempt to accept. In a general view, a rejection is not effective until it is received by the offeror. C. Counter offer If the offeree replies changing the terms or negotiating, this is not an acceptance, but a counter offer which destroys the original offer and creates a new one which the original offeror has the right to accept or reject. Facts: Hyde v. Wrench (1840) An offer was made to sell at ￡1000, the buyer refused but offered ￡950. The seller rejected this. The buyer then offered the original ￡1000 and the seller rejected. It was held that the buyer could not insist on buying at the original ￡1000 as the offer had been destroyed by his counter offer. D. Lapse of time 逾时\过期失效 An offer will not remain open indefinitely. An offer may lapse失效 due to the passage of time. This can occur when: a. It is stated in the offer that it is open for a specific time. e.g. “You have until Friday to let me know your decision”. If acceptance, refusal or revocation does not take place before Friday then the offer will lapse on that day. b. If there is no specific time given, it will lapse after a reasonable time合理期间. This will depend on the individual circumstances and the type of goods concerned. Facts: Ramsgate Victoria Hotel v. Montefiore The defendant offered by letter dated June 8 to buy shares in the company. No repay was made by the company, but in November they allotted