Offer and Acceptance and Related Questions in the English Conflict of Laws
| Autor: | A. J. E. Jaffey |
|---|---|
| Rok vydání: | 1975 |
| Předmět: | |
| Zdroj: | International and Comparative Law Quarterly. 24:603-616 |
| ISSN: | 1471-6895 0020-5893 |
| DOI: | 10.1093/iclqaj/24.4.603 |
| Popis: | First, there are questions which in English law would come under the category of " offer and acceptance." Here we are concerned with the legal effect which is to be attributed to the communications of the parties. The question is whether, having regard to the manifestations of each party's assent to or dissent from the terms of an alleged contract, they are to be regarded in law as having reached agreement. Is it necessary that the offeree's acceptance should reach the offeror? What is the effect of either party's withdrawing an offer or an acceptance at a particular stage? Can silence have any effect? Usually the question will be whether the parties are to be held to have agreed, not merely to a particular provision of the contract, but to any contract at all. Sometimes however the parties will admittedly have reached agreement on some provisions of the contract, which is to stand in any event, but the issue is whether they have agreed that some particular term, for example, an exemption clause, should form part of the contract. |
| Databáze: | OpenAIRE |
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