国际贸易实务双语教程Chapter10 Th Conclusion of Sales Contracts.ppt

Chapter 10 The Conclusion of Sales Contracts 10.1 The procedure for the conclusion of sales contract Definition of Contract Offer Inquiry Counter Offer Acceptance Definition of Contract A contract is an agreement reached by two or more than two parties concerned, in order to establish, modify or terminate the civil right and obligation of the parties. Offer Definition The necessary conditions for a valid offer in law Validity time of an offer The time for an offer coming into effect The Withdrawal and the Revocation of an offer Invalidation of an Offer Definition An offer is a proposal of terms and conditions presented in a potential contract by one party, called the offeror, to anther party, called the offeree. The necessary conditions for a valid offer in law 1. An offer must be addressed to one or more specific persons. 2. The contents of an offer must be sufficiently definite. 3. With the indication that the offer is binding upon the offeror. 4. An offer comes into effect only when it reaches the offeree. Validity time of an offer 1. In case that the validity time is specified definitely in an offer, the offeree must make an acceptance within the stipulated time limit. The offer is not binding on the offeror when the validity expires. 2. The validity time in an offer not stipulated definitely 3. An oral offer The time for an offer coming into effect The Withdrawal and the Revocation of an offer 1. The withdrawal of an offer 2. The revocation of an offer Invalidation of an Offer 1. The expiry date 2. Rejection 3. Counter-offer 4. Force Majeure 5. In case that the offeror or offeree becomes incapable of legal transaction (such as insanity, death etc.), the offer is invalid. Inquiry The non-firm offer is legally called as invitation to for offer, referring to with an intention to purchase or sell some certain commodities, one party inquires about the trade terms to the other party, or brings about a proposal for business transaction with some terms. T