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In business activities, after the buyer expresses his intention to sign the contract, the other party receives the offer, and if he agrees to sign the contract, he makes relevant commitments. Next, the two sides will choose a time to discuss the details of the contract and finally conclude the contract. Offer and acceptance are clearly stipulated in the contract law. So what are the provisions of the contract law on the acceptance of an offer? Let's get to know them through the relevant clauses extracted from Bian Xiao.
Provisions of Offer Acceptance in Contract Law
Article 13 When concluding a contract, the parties shall take the form of offer and acceptance.
Article 14 An offer is an expression of intention to conclude a contract with another person and shall meet the following conditions:
Specific content;
(2) The offeror is bound by the expression of will by indicating that he has accepted the offer.
Article 15: When inviting an offer, I hope others will send me an offer. Send price list, auction announcement, tender announcement, prospectus, commercial advertisement, etc. It's an invitation to offer.
If the content of a commercial advertisement conforms to the provisions of the offer, it shall be regarded as an offer.
Article 16: An offer takes effect when it reaches the offeree.
If a contract is concluded in the form of a data message, and the recipient designates a specific system to receive the data message, the time when the data message enters the specific system shall be regarded as the arrival time; If the specific system is not specified, the time when the data message first enters any system of the addressee shall be regarded as the arrival time.
Article 17: An offer may be withdrawn. The notice of withdrawal of an offer shall reach the offeree before or at the same time.
Article 18: An offer may be revoked.
Article 19 An offer shall not be revoked under any of the following circumstances:
(1) The offeror has fixed the time limit for acceptance or made it clear in other ways that the offer is irrevocable;
(2) The offeree has reason to believe that the offer is irrevocable and has made preparations for the performance of the contract.
Article 20 An offer is invalid under any of the following circumstances:
(1) The notice of rejection of the offer reaches the offeror;
(2) The offeror revokes the offer according to law;
(3) When the acceptance period expires, the offeree fails to make an acceptance.
(4) The offeree makes substantial changes to the contents of the offer.
Article 22: "An acceptance shall be made by notice, except that it can be made by behavior according to trading habits or offers." Accordingly, acceptance should generally be made orally or in writing, or by behavior according to the requirements of trading habits or offers. Whether silence or omission can be a way of acceptance is not stipulated by law, but it is generally believed that the law should recognize the validity of acceptance if the parties expressly agree or the trading habits allow it.
The above is the content of offer acceptance in China Contract Law edited by Bian Xiao. It is not difficult to find that when making an offer, one party must ensure that the content is clear, and if the other party makes a promise, the party making the offer must abide by the content of the offer. At the same time, the promisee shall notify the offeror. Usually, once an offer is made, it cannot be taken back. If you need to withdraw, you should inform the other party in advance.
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