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Art. 21 CISG–PECL, by John Felemegas [Australia]

Published online by Cambridge University Press:  20 October 2009

John Felemegas
Affiliation:
Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
John Felemegas
Affiliation:
University of Technology, Sydney
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Summary

INTRODUCTION

In Part II of the Convention, entitled “Formation of the Contract,” Article 21 deals with the issue of late acceptance by an offeree, the response to that by the offeror, and the effect that a late acceptance has in the context of contract formation.

Article 2:207, found in the PECL, Chapter 2 “Formation,” Section 2 “Offer and Acceptance,” regulates the same issues concerning late acceptance in contract formation.

The Convention provides that a late acceptance can nonetheless be effective, and so do the Principles. Both the Convention and the Principles deal with the issue of late acceptance – whether the offeree accepted the offer late or the acceptance was late because of a delay in transmission – in almost identical terms.

LATE ACCEPTANCE OF OFFER TO CONCLUDE CONTRACT

Art. 21 of the Convention “deals with acceptances that arrive after the expiration of the time for acceptance.” In that sense, Art. 21 must be viewed in the context of the basic rule of the Convention that a late acceptance is ineffective.

Honnold states that CISG Art. 21 “like Article 20, extends and elaborates the basic rule” for late acceptances, by providing the answer to some related, important questions that can arise when an acceptance does not reach the offeror within the time he has fixed for acceptance.

CISG Art. 21 makes a distinction in the rules applicable to a late acceptance, depending on whether the acceptance was sent late by the offeree or the lateness of the acceptance was caused by delays in its transmission.

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  • Art. 21 CISG–PECL, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.051
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  • Art. 21 CISG–PECL, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.051
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Art. 21 CISG–PECL, by John Felemegas [Australia]
    • By John Felemegas, Senior Lecturer in Law, Faculty of Law, University of Technology, Sydney
  • Edited by John Felemegas, University of Technology, Sydney
  • Book: An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
  • Online publication: 20 October 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511417.051
Available formats
×