International Commercial Law (CISG (Contract Formation (The Offer (Art…
International Commercial Law
The Offer (Art 14)
Effectiveness and Withdrawal (Art 15)
Revocation (Art 16)
Acceptance (Art 18)
Battle of Forms (dispute of two contracts)
(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.
(2) However, an offer cannot be revoked:
(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or
(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.
Under the CISG, a withdrawal of an offer takes place if a letter to that effect reaches the offeree at or before the time when the offer is received.
A revocation, on the other hand, takes place after the offeree receives the offer but, before he has time to accept.
You cannot revoke an acceptance, only withdraw it.
(1) An offer becomes effective when it reaches the offeree.
(2) An offer (even if it is irrevocable) may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.
exists when: Article 14
(1) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer
if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price.
Note: There does not have to a number in the contract for the quantity or the price, but there must be a method of calculating them.
(2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.
NB Article 8 can be used to clarify the intentions of the parties, and Article 9 can supply missing terms by trade usage. Also, when the parties are silent as to price, both Article 14 and the UCC provide that a court is allowed to insert a reasonable price.
Conflict of Laws and Commercial Dispute Resolution
Carriage of Goods and Bill of Ladings