第一篇货物买卖法lec-6上买卖合同效.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 关于承诺期限的认定和计算 The statement of offer “You may accept this offer within 10 days after this offer has reached you “ Suppose on June 1st ,Seller mails an offer to Buyer and telephones the Buyer that: ” you have five days to consider the offer” however this mail between the Seller and Buyer takes normally 7days. Please refer to CISG Art 20 规则研究之二：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 or revocate 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。 SILENCE DEEMED AS A ACCEPTANCE ? Felthouse v. Bindley(1862) Felthouse wrote to his nephew offering to buy a horse. In the letter Felthouse told his nephew that if Felthouse did not get a response from his nephew, he would consider the offer has been accepted. Court held: nephew’s acceptance had not been communicated, as silence could not used as the means of acceptance ,unless otherwise agreed. therefore , there was no contract between them. silent acceptance: 两例比较 Case 1 On June 1st Seller sends Buyer an offer to sell the a specified type and quality of goods at a stated price and added: this is such a attractive offer that I shall assume that you accept unless I hear form you by June 15” Buyer did not reply. Seller shipped the goods on June 16. Contract concluded ? silent acceptance: 两例比较 Case 2 On June 1st Buyer delivered the following to the seller “please rush price quotation for the following goods … if you don’t hear form me