第三讲国际货物买卖合同的成立-e.ppt

?????? offer and acceptance  Points Rules of offer ; Rules of acceptance; Essential elements …… Essential elements required to form a contract: Intention to create a legal relationship. Offer and acceptance. Form and /or consideration Capacity of parties. Reality of consent Legality of object FROLIC F-form and /or consideration. R-reality of consent. O-offer and acceptance. L-legality of object. I-intention to create legal relations. C-capacity of parties Intention to create a legal relationship The defendant was a civil servant working in Ceylon.When he was home on leave in England it was agreed that his wife would not return to Ceylon with him,due to poor health.The husband promised to pay his wife $30 per month as maintenance while he was in Ceylon. The defendant breached this agreement and his wife sued him,alleging breach of contract. Definition of offer An offer is a proposal. When it is accepted it will create a legally binding agreement:a contract. Chinese contract An?offer?is?a?partys?manifestation?of?intention?to ?enter?into?a?contract?with?the?other?party,?which ?shall?comply?with?the?following:(i)?Its?terms?are?specific?and?definite;(ii)?It?indicates?that?upon?acceptance?by?the?offeree,?the?offeror?will?be?bound?thereby. CISG 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. . Invitation to treat An offer must be distinguished from an invitation to treat. An item that appears in a shop window with a price tag on it is an invitation to treat. Chinese contract Article?15?Invitation?to?OfferAn?invitation?to?offer?is?a?partys?manifestation?of?intention?to?invite?the?other?party?to?make?an?offer?thereto.? A?d