lec-5_货物法(下)成立_承诺生效撤回逾期修改.pptVIP

lec-5 Lec-5的教学内容： 2-3.4 比较法视角下承诺概念 2-3.5 CISG承诺规则研究p61 1. CISG下承诺构成条件p57 2.承诺的生效 3.承诺的撤回 4.逾期的承诺 5.承诺对要约的修改和添加p63 CISG承诺的生效 p61 CISG 承诺的生效 实务问题：承诺到达的法律意义 -Firstly, the arriving moment of the acceptance means the time that contract becomes binding ,thus giving rise to starting binding moment of the rights and duties； -secondly，in the case of contract being rendered invalid or revoked , the arriving moment of the acceptance is just the time to invalidate the contract； -Lastly, the arriving moment of the acceptance determines the right moment when the contract is concluded and then determines the issues of jurisdiction and governing law。 CISG承诺何时生效?- 当以信件方式承诺时 The Postal Rule (p74) Acceptance by post (letter /telegram) becomes effective as soon as the offeree posts a properly stamped and addressed acceptance into a mailbox before lapse of offer and is sent through a legally authorized postal system regardless of whether the acceptance is delayed or lost in the postal system or on its way to the offeror. The burden of proof is on the offeree to prove the proper dispatch see next PPT : Adams v Lindsell [1818](p219) Adams v. Lindsell (1818) Facts: 2 Sept Adams posted a letter to Lindsell, offering to sell wool and requesting a response by post. Adams expects to receive a reply by 7 Sept. however, he has addressed the letter incorrectly 5 Sept Lindsell receives the letter and mails his acceptance 8 Sept Adams sells the wool to a third party 9 Sept Adams receives Lindsell’s acceptance Lindsell sued for breach Court held: acceptance took place on 5 Sept when the letter of acceptance was posted and Adams had breached the contract although unintentionally. Therefore he was obliged to pay damages to Lindsell Rules: reception postal commencement  Other applications of reception rule notice to revoke or withdraw offer, notice to withdraw acceptance Notice to counter offer Notice to refuse offer CISG承诺何时生效?- 当以行为方式承诺时