-
Anonymous users2024-02-15The method of acceptance refers to the way in which the offeree communicates its intention to promise to the offeror. The acceptance of an offer makes the contract form, so it is important how the promise is made. Generally speaking, the law does not prescribe the manner in which a promise must be made, but only generally provides that the promise should be made in an express or implied manner.
The so-called express method is generally based on the notice, and the promise may be expressed orally or in writing. Generally speaking, a party may express an acceptance orally if the law or offer does not provide for it to be in writing.
The so-called acceptance by conduct, if the offeror does not have specific requirements for the form of acceptance, the acceptance can be clearly expressed, or it can be inferred from the behavior of the offeree. The so-called act usually refers to the act of performance.
Silence is not the same as implication, i.e., inaction, without making any representation. Implication is not a method of express but still representation, whereas silence and omission are no representation at all. Therefore, it does not constitute a commitment.
However, if the parties agree or follow the customary practice between the parties that the undertaking is expressed by silence and omission, silence and omission become a form of expression of the commitment. However, in the absence of prior agreement and no customary practice, it is not permissible for the offeror to stipulate in the offer that failure to respond is considered an acceptance.
If the offeror stipulates in the offer that the acceptance shall be in a specific manner, the promiser must comply with the acceptance method specified by the offeror when making the acceptance. Even if this type of requirement is very special in the eyes of ordinary people, as long as it is not prohibited by law or is not objectively impossible, the offeree must comply with it.
-
Anonymous users2024-02-14Offer: Contract, part of the advertisement. Commitment: Sign the contract and take actual actions to fulfill the contract.
-
Anonymous users2024-02-13Legal analysis: An offer is an expression of intent issued by one party to the other party that it wishes to conclude a contract with the other party. The party making the offer is called the offeror, and the party accepting the offer is called the offeree. Acceptance is an expression of intent to accept an offer.
The difference between an offer and an acceptance: First, the difference in concept is that the expression of intent to enter into a contract with others is the expression of intent of the offeror to agree to the offer. 2. The requirements for the expression of intent are different, and the content of the offer is specific and clear; The content of the commitment shall be consistent with the content of the offer:
Indicates that the offeror is bound by the expression of intent upon acceptance by the offeror. If it undertakes to make substantial changes to the content of the offer, it is a new offer; If the undertaking makes non-material changes to the content of the offer, the undertaking is valid; Unless the offeror objects in a timely manner or the offer indicates that it undertakes not to make any changes to the content of the offer. 3. The doctrine of arrival is adopted for the effective different offers:
The offer becomes effective when it reaches the offeree. The undertaking shall be made by way of a notice of distress and shall take effect when the notice of undertaking reaches the offeror; Except in accordance with trading habits or offers that promises can be made by conduct. If the promise does not require notice, it shall take effect when the commitment is made in accordance with the trading habits or the requirements of the offer.
4. Withdrawal and revocation are different, the offer can be withdrawn and revoked, and the promise can be withdrawn but irrevocable.
Legal basis: Civil Code of the People's Republic of China
Article 472: An offer is an expression of intent to enter into a contract with another person, and the expression of intent shall meet the following conditions:
1) The content is specifically determined;
2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.
Article 479: An acceptance is an expression of the offeree's intention to agree to the offer.
-
Anonymous users2024-02-12Legal analysis: An offer is an expression of intent by one party to propose contract conditions to the other party for the purpose of concluding a contract, hoping that the other party will accept it. An acceptance is an expression of the recipient's intention to conclude a contract in which he agrees to accept all the conditions of the offer.
Legal basis: Civil Code of the People's Republic of China
Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:
1) The content is specifically determined;
2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.
Article 480: Pledges shall be made by way of notice; However, this does not apply if it is based on trading habits or offers that it is possible to make a commitment through conduct.
Article 481: Undertakings shall reach the offeror within the time limit specified in the offer. If the offer does not specify the duration of the commitment, the acceptance shall be reached in accordance with the following provisions:
1) If the offer is made in the form of dialogue, the commitment shall be made immediately;
2) If the offer is made in a non-dialogue manner, the promise shall arrive within a reasonable period of time.
-
Anonymous users2024-02-11The difference between an offer and an acceptance is its meaning and function. An offer is an expression of intent to enter into a contract with another person, and an acceptance is an expression of intent to agree to an offer made by another person. After the promise of speedy performance, the general contract will be formally concluded.
Contract Law of the People's Republic of China Article 31 [Content of Commitment] If the offeror undertakes to make non-substantive changes to the content of the offer, the commitment is valid, and the content of the contract shall be subject to the content of the promise, unless the offeror objects in a timely manner or the offer indicates that it shall not make any changes to the content of the offer.
The contract does not come into force when the offer is delivered to the offeree, and the contract is not formed until the acceptance made by the offeree takes effect. >>>More
A verbal promise is only a clear result of the matter, and if there is no evidence to prove the verbal promise, it is invalid if one party reverses it, and if there is a live recording to prove it, it is valid.
Hello. Telecom Broadband promises same-day installation, same-day repair, and slow accompanying service >>>More
Commitment is very important for girls Always expect the person they love to give them the promise they want But at the same time I hope that boys don't make promises easily I think that what you say must be done Otherwise, don't say Break up The promise is still there It's better to fulfill it first Occasional boyfriends never make promises easily I love you The simple three words have never said He just said that I love you He thinks that I love you represents a lifetime commitment If he will marry me, he will say those three words to me In fact, there are still some small touches.
There are four musts", that is, "the police must be answered, the trouble must be helped, the danger must be rescued, and the request must be answered", which is the public security organ. >>>More