版权说明:本文档由用户提供并上传,收益归属内容提供方,若内容存在侵权,请进行举报或认领
文档简介
1、law of contract,offer and acceptance,why is it so important to distinguish between an offer and an invitation to treat ,if a statement is an offer, you can accept and then a contract enters into. if a statement is an invitation to treat, in which it may include some information, such as a price term
2、, you may accept the statement. however, no contract exists and your “accepting” is actually an offer,if a statement is an invitation to treat, it is normally not legally binding. an offer, in most cases, if accepted, is legally binding and the offeror will have to keep his word,you walk into a shop
3、 and see an item for 9.99 (this would be an itt), you then take it to the counter and prepare to pay 9.99 (the offer). the important concept here is that an itt is not binding, i.e. when you go to the counter and the clerk says oh sorry this item is actually 29.99, you have no defense in demanding t
4、o be sold it for 9.99,how to distinguish between an offer and an invitation to treat ,normally, catalogues, price lists, menus, and advertisements, shop windows are invitations to treat. advertisements can also be considered offers in some specific cases,lefkowitz v. great minneapolis surplus store,
5、the defendant published the following advertisement in a local newspaper: saturday 9 a.m. sharp 3 brand new fur coats worth to $100.00 first come first served $1 each,whether in any individual instance a newspaper advertisement is an offer rather than an invitation to treat depends on the legal inte
6、ntion of the parties and the surrounding circumstances,we are of the view on the facts before us that the offer by the defendant of the sale of the fur was clear, definite, and explicit, and left nothing open for negotiation. the plaintiff having successful managed to be the first one to appear at t
7、he sellers place of business to be served, as requested by the advertisement, and having offered the stated purchase price of the article, he was entitled to performance on the part of the defendant,ccl a15,an invitation to treat is an intent indication showing the desire to receive offers from othe
8、rs. mailed or delivered price catalogs, auction announcements, invitations for bid, capital-raising prospectus and commercial advertisements are such invitations for offer. a commercial advertisement shall, if its content conforms to the provisions regarding offers, be deemed an offer,the terminatio
9、n of offers,an offer can be terminated in different ways,refusal and counter-offer,lapse of time,a asked b whether b would like to buy a house for $300,000. b said nothing. however, b called a and said he would buy the house $300,000 one year later. question: does a contact exist,lapse of time,1.spe
10、cified time,lapse of time,2.reasonable time. what is reasonable,revocation,this part is so different from chinese contract law. for example, if a term in an offer reads: please reply before midnight on friday, september 16, 2011. can the offeror revoke the offer before that time,a promise to keep an
11、 offer open for a certain time or to give someone first refusal will not be legally binding unless the offeree gave some payment to the offeror in return for the favor. why,ccl a19,an offer may not be revoked under any of the following conditions:(1) the offeror has specified a time limit for the ac
12、ceptance, or has explicitly indicated in any other manner the irrevocability of the offer; (2) there are grounds for the offeree to maintain the irrevocability of the offer and the offeree has made preparations for the fulfillment of the contract,acceptance,acceptance must be a mirror image of the o
13、ffer,the offeree must be agreeing to all the terms of the offer and not trying to introduce new terms.(p73,ccl a31,if an acceptance makes non-substantial changes to the content of the offer, the acceptance shall be effective notwithstanding and the content of the contract shall thus be based on the
14、content of the acceptance, unless the offeror indicates in time its objection thereto, or as indicated in the offer, the acceptance may not make any change to the content of the offer,ccl a30,the content of an acceptance shall be consistent with the content of the offer. if the offeree proposes any
15、substantial change to the content of the offer, it shall constitute a new offer. changes related to the targeted matter, quantity, quality, price or remuneration, duration of fulfillment, place and mode of fulfillment, liability for breach of contract and method of dispute settlement in a contract are substantial changes to the content of an offer,try to find out the differences between chinese and english contract law in this part of the acceptance,acceptance must be firm,conditional acceptance is not binding, it sometimes can be referred as
温馨提示
- 1. 本站所有资源如无特殊说明,都需要本地电脑安装OFFICE2007和PDF阅读器。图纸软件为CAD,CAXA,PROE,UG,SolidWorks等.压缩文件请下载最新的WinRAR软件解压。
- 2. 本站的文档不包含任何第三方提供的附件图纸等,如果需要附件,请联系上传者。文件的所有权益归上传用户所有。
- 3. 本站RAR压缩包中若带图纸,网页内容里面会有图纸预览,若没有图纸预览就没有图纸。
- 4. 未经权益所有人同意不得将文件中的内容挪作商业或盈利用途。
- 5. 人人文库网仅提供信息存储空间,仅对用户上传内容的表现方式做保护处理,对用户上传分享的文档内容本身不做任何修改或编辑,并不能对任何下载内容负责。
- 6. 下载文件中如有侵权或不适当内容,请与我们联系,我们立即纠正。
- 7. 本站不保证下载资源的准确性、安全性和完整性, 同时也不承担用户因使用这些下载资源对自己和他人造成任何形式的伤害或损失。
最新文档
- 风电场消防安全管理规定
- 创新发展孵化方案
- 糖尿病并发症:药物治疗的选择
- 抗菌药物市场营销策略指南
- 柑橘园病虫害防治图谱:快速识别
- 脑电图在神经康复中的应用
- 养鸡业传染病预防指南
- 高压输电线路施工合同范本
- 保险咨询服务合同
- 健康辣椒:病虫害防治技巧
- 变更断点管理规定
- 高考模拟作文“独行与合群”导写及范文
- 精选湖北武汉青山区2023-2023学年度第二学期七年级期中数学试卷及答案
- 南平2023小学小升初学区划片方案消息公布
- 2023年全国大学生英语竞赛C类真题、答案及评分标准
- ICU抗菌素使用整改措施
- 糖皮质激素疗法进展观念和误区专家讲座
- 二年级下册数学教案-3三角形与四边形▏沪教版
- 精馏塔地脚螺栓预埋施工方案
- GB/T 21604-2022化学品急性皮肤刺激性/腐蚀性试验方法
- GB/T 35162-2017道路基层用缓凝硅酸盐水泥
评论
0/150
提交评论