There are many clothing factories in a certain city. Li, a supermarket purchasing salesman, went to the city to conduct market research and bought a batch of clothes under reasonable circumstances. A clothing factory proposed that the raincoat 1500 pieces of the factory, with a total amount of 45,000 yuan. These raincoats are completely the latest styles of the year. I hope the supermarket can purchase them at his home. Li made a field trip to the garment factory, and found that the style of raincoat was very new, and expressed his willingness to cooperate. But the quality of raincoats is not very good. He needs to call the general manager back and let him make the final decision. Due to fierce competition, the garment factory saw Li's clear cooperation and thought that the supermarket agreed. Even if the contract is concluded, they will send 1500 raincoats to the supermarket first. The general manager of the supermarket received a phone call from Li. The general manager said that durability is the most important, quality is the most important, and style is the second. He decided not to buy raincoats in this clothing factory. Just as the general manager made the decision, 500 raincoats of/kloc-0 from the clothing factory were sent to the supermarket, but the general manager refused. Can you deliver the goods first when the other party clearly expresses its willingness to cooperate?
The lawyer answered the question.
Acceptance is the expression of the intention of the offeree to agree to the offer. The promisee agrees to accept all the conditions of the offer and conclude a contract with the offeror. An acceptance shall be made by notice, unless the trading habit or offer indicates that the acceptance can be made by behavior. The legal effect of acceptance is that once the acceptance is made and delivered to the offeror, the contract is established and the offeror may not refuse it. The acceptance must be made by the offeree within the effective time, and it must be completely consistent with the contents of the offer, which is a necessary condition for any effective acceptance. After receiving the quotation from the clothing factory, the supermarket salesman visited the clothing factory on the spot. Although he expressed his willingness to cooperate, he had to call the general manager back to ask him to make a decision on the quality of the raincoat, which showed that Li had no commitment and the contract could not be established. Therefore, the garment factory decided to deliver the goods to the supermarket, and the supermarket could refuse to accept them.
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Contract law of the people's Republic of China
Article 21 Acceptance is an expression of the intention of the offeree to agree to an offer.
Article 22 An acceptance shall be made by notice, except that the trading habit or offer indicates that an acceptance can be made through behavior.
Collection of cases
The content of acceptance must be consistent with the offer, which is the core element of acceptance. If the offeree expands, restricts or changes the contents of the offer in the acceptance, it does not constitute an acceptance and should be regarded as a rejection of the offer. However, it is considered that making a new offer at the same time is called counter-offer.