SubstantialLawProcedureLaw判例法分析大前提：在费尔普斯v．麦.PPT

Termination of offer Revocation, Counteroffer Rejection Lapse of time – a period fixed in the offer or reasonable time. Revocation of offer by offeror Before the offer takes effect - the offer can be revoked at any time After the offer takes effect before the acceptance is made --- the offer can be revoked after the acceptance is made -- the offer can not be revoked An offer can not be revoked: the offeror indicated a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; the offeree has reasons to rely on the offer as being irrevocable and has made preparation for performing the contract. the offeror indicated a fixed time for acceptance or otherwise explicitly states that the offer is irrevocable; When does the time ontract start to count? Article 20 - CISG (1) A period of time for acceptance fixed by the offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by the offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment that the offer reaches the offeree. Termination of an offer (2) Counteroffer by offeree (3) Rejection of offer by offeree (4) Lapse of time UCC- an offer by a merchant to buy or sell goods made in an authenticated record that by its terms gives assurance that the offer will be held open is not revocable for lack of consideration during the time states. If a time is not stated, the offer is irrevocable for a reasonable time not exceeding 90 days. Acceptance An acceptance is the offeree’s manifestation of intention to enter into a binding agreement on the terms stated in the offer. requirements of acceptance an acceptance must be made by the offeree an acceptance must be communicated to the offeror An acceptance must be made by