A Case Study of International Contract Law分析和总结分析和总结.docxVIP

A Case Study of International Contract Law 林小蓉 2010013150 钱颖 2010013143 徐宁洁 2010013157 Introduction： November 25, 2001, the German Company A sent an offer to the Hong Kong Company B as the following: 2000 Jettish color copiers and $4,000 each FOB(Hamburg) for prompt shipment, the offer is valid until December 30. A received an offer from a company of Paris to buy this type of copiers, but offered higher price than Company A had offered to Company B. Since B had not made a commitment to company A’ s offer, Company A sent the notice to revoke the previous offer to Company B on Dec. 15th. Then signed a contract with the company in Paris. However, on Dec. 22nd, Company A received a commitment from Company B that Company B agreed to the conditions of Company A’ s offer. Subsequently, Company B opened an irrevocable L/C to Company A and requires Company A to fulfill the contract. Since Company A did not perform the contract at the end, Company B resorted to the Swedish arbitral tribunal and required Company A’s compensation for the losses. But, Company As lawyers argued that Company A had sent the notice of revocation to the Company B on Dec. 15th, so the offer sent on Nov. 25th had been revoked and had lost its effectiveness. Analysis: The revocation of Company A is ineffective. Company A thinks that he sends the revocation to the Company B, so the offer is revoked and ineffective. However Under CISG 15, An offer becomes effective when it reaches the offeree. What’s more, the revocation of an offer should happen before an offer is effective. The offer of Company A is irrevocable. Under the CISG Article16, An offer cannot be revoked under such condition: If it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable. Company A mentions the valid time is before Dec. 30 and he receives the acceptance made by Company B in valid time. The offer is effective and is irrevocable. The contract of Company A and Company B is effective.