Part II - Formation of the contract

Question 1

Art. 14(1)

Answer 1

An offer.

Defined as an offer when addressed to one or more specific persons, is sufficiently definite and indicates the intention of the offeror to be bound in the case of acceptance.

Definite if: indicates goods, expressly or implicitly fixes or makes provisions for determining the quantity and price.

Question 2

Art. 14(2)

Answer 2

Invitation to make offer.

If the proposal does not constitute an offer as mentioned in subsection 1, it must be regarded as an invitation to make offer.
Unless, the contrary is clearly indicated by the person making the proposal.

Question 3

Art. 15(1)

Answer 3

The offer becomes effective when it reaches the offeree

Question 4

Art. 15(2)

Answer 4

Withdrawal of an offer.

An offer can be withdrawn, if the withdrawal reaches the offeree before or at the same time as the offer, this also includes irrevocable offer.

Question 5

Art. 16(1)

Answer 5

Revocation of an offer.

An offer may be revoked, if the revocation reaches the offeree before he has dispatched the acceptance.

Question 6

Art. 16(2)(a)

Answer 6

An offer cannot be revoked if:

There is a fixed time of acceptance or it is irrevocable

Question 7

Art. 16(2)(b)

Answer 7

An offer cannot be revoked if:

If the offer rely on the offer as being irrevocable AND the offeree has acted in reliance on the offer

Question 8

Art. 17

Answer 8

An offer is terminated when a rejection reaches the offeror, even an irrevocable offer

Question 9

Art. 18(1)

Answer 9

A statement indicating assent to an offer is an acceptance

Silence or inactivity can never mount to an acceptance

Question 10

Art. 18(2)

Answer 10

An acceptance become effective at the moment the indication of assent reaches the offeror.

The acceptance has to reach the offeror within the fixed time, or if there is no fixed time, within a reasonable time.

Oral offers must be accepted immediately.

Question 11

Art. 18(3)

Answer 11

If practices between the parties, include actions which indicate assent, then the acceptance becomes effective the moment the act is performed

Question 12

Art. 19(1)

Answer 12

Rejection of the offer and a counter-offer.

If there are additions, limitations or other modifications.

Question 13

Art. 19(2)

Answer 13

An acceptance which does not materially alter the terms constitutes an acceptance.
Unless, the offeror without undue delay, objects orally and dispatches a note saying the same.

If there is no objection, the terms of the contract, are the terms of the offer with the modifications from the acceptance.

Question 14

Art. 19(3)

Answer 14

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Question 15

Art. 20(1)

Answer 15

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Question 16

Art. 20(2)

Answer 16

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Question 17

Art. 21(1)

Answer 17

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Question 18

Art. 21(2)

Answer 18

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Question 19

Art. 22

Answer 19

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Question 20

Art. 23

Answer 20

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Question 21

Art. 24

Answer 21

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