《国际经济法第三章第二节国际货物买卖合同成立s.pptVIP

第三章 国际货物买卖法第二节 国际货物买卖合同的成立 周超 2009年9月 Learning Objectives Understanding the definition of a contract and its elements Determining what is and is not an offer Understanding the proper form of acceptance of an offer Definition of a contract A legally binding agreement that means there must be some kind of agreement between two parties However, not all agreements are contracts because not all agreements are legally enforceable legally enforceable means that a court will say that an agreement is a contract CISG Article 23 A contract is concluded at the moment when an acceptance of an offer becomes effective in accordance with the provisions of this Convention. 1、要约 Offer 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. (2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal. “￡100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing epidemic influenza colds, or any disease caused by taking cold, after having used the ball three times daily for two weeks, according to the printed directions supplied with each ball. ￡1000 is deposited with the Alliance Bank, Regent Street, showing our sincerity in the matter. Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 Article 15 (1) An offer becomes effective when it reaches the offeree. (2) An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. 2、要约的撤回和撤销 Article 16 (1) Until a contract is concluded an offer may be revok