《法律英语教学资料》7._acceptance__1_.ppt

Acceptance (1) The common law (the United States) CISG The Common Law Definition Acceptance is a voluntary act (either words or conduct) by the offeree that shows assent (agreement) to the terms of an offer. The acceptance must be unequivocal and must be communicated to the offeror. How to make a valid acceptance? True or False A makes an offer to B. B is not interested, but B’s friend, C, accepts the offer. Then a contract is concluded. (Who can accept?----I. the person to whom the offer is made II. his agents) Offeree says, “I accept the offer, but I wish I could have gotten a better price.” So there is an effective acceptance. The offeree says, “I accept the offer, but only if I can pay on ninety days’ credit. Then this is a valid acceptance. The offeree replies, “I accept; please send written contract.” This should be taken as an acceptance. The offeree replies, “I accept if you send a written contract.” This should be taken as an acceptance. It is reasonable for the offeror to state, “By your silence and inaction you will be deemed to have accepted this offer.” Silence can never be an acceptance. (Silence can be an acceptance (1) when the parties have made such agreements or (2) when the offeree has had prior dealings with the offeror.) CISG Definition Article 18 A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Three basic elements to make a valid acceptance (1) offeree (2) through a statement or other conduct (3) indication of assent to the offer When does the acceptance become effective? Under the common law, the acceptance becomes effective as soon as it is dispatched by the offeree, and then a contract is formed. ----the mailbox rule (the dispatch theory) Under the civil law, the acceptance becomes effective when it reaches the offeror, and then a contract is concluded. ----the rule of receipt of the letter of acceptance (the receipt theory) As to this point, CISG follows an