国际商法2 Formation of Contract.pptVIP

Unit 2 Formation of Contract Black’s Law Dictionary defines a contract “an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law a binding contract; the writing that sets forth such an agreement a contract is valid if valid under the law of the residence of the party wishing to enforce the contract.” Entering Contract The mutual agreement is reached through the bargaining process, between offferor and offeree until the offeree accepted the offer.构成合同协议的基本要素有两个：一是要约，一是承诺。 Offer: an offer is a statement by one party of a willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party or parties to whom the offer is addressed. An offer takes effect when it reaches the offeree. CISG: 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. 中国《合同法》对要约条件的规定 第一，要约必须具有订立合同的意图; 第二，要约必须向特定的受要约人发出; 第三，要约的内容必须确定; 第四， 要约必须送达受要约人。 invitation to offer An invitation to offer or invitation to treat is simply an expression of willingness to enter into negotiations which, it is hoped, will lead to the conclusion of a contract at a later date. 要约邀请通常是一方当事人邀请或引诱对方当事人提出要约的意图表示，它对双方当事人均不具有强制效力。 中国合同法规定：价目表、拍卖公告、招标公告、招股说明书、商业广告等为要约邀请。商业广告的内容符合要约规定的，视为要约。 Display of goods for sale in a supermarket Case: Pharmaceutical society of GB v. Boots Cash Chemists Boots organized their shop on a self-service basis. They were charged with a breach of section 18(1) of the Pharmacy and Poisons Act 1933, which required that a sale of drugs take place under the supervision of a registered pharmacist. There was no pharmacist present close to the shelves