All entries for November 2010
November 18, 2010
Writing about web page the offer
We have already talked about the notion of contract. The contract under common law is not really the same under the common law as under the French or the german legal systems.
Now I would like to be more focused on aspect of the Formation of the contract: The offer.
Commonly , the 3 countries admit the concept of meeting of minds (consensus ad idem).The contract is made by meeting of an offer which is made by the offeror to an other party , the offeree, who have to give his acceptance to the offer. Even if there is in German , French or Common Law some common points,it’s correct to consider that we have totally the same schema of the formation of the contract between the different juridictions.
So how can we have an harmonisation of common rules about the contract, without the same view of the formation of the contract? That’s what we will see today with the analysis of the notion of the offer.We will point differents situation which can make
Fisrt of all, the 3 systems make a distinction between an offer and an invitation to make an offer .
When a contract arises through offer and acceptance, the offeror intends to de bound.A interesting point is the revocation of the offer.
In English law an offer can be revoked at any time but only until it has been accepted by the other party.The offeror has a kind of freedom on the revocation.
In French law, the offeror who revoke on abusive way his offer is liable (art 1382 Code civil).We can also talk about the "delai raisonnable", that is to say the offeror cannot revoke before the end of a certain period.
In German law, the revocation is not possible until the end of a reasonable period or of a period fixed in the offer.The offeror is also bound.