Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-rkxrd Total loading time: 0 Render date: 2024-07-17T18:15:27.562Z Has data issue: false hasContentIssue false

Art. 17 CISG–UP, by Stephen Smith [U.S.A.]

Published online by Cambridge University Press:  20 October 2009

Stephen E. Smith
Affiliation:
Senior Lecturer, Northwestern University School of Law (Chicago, Ill., USA)
John Felemegas
Affiliation:
University of Technology, Sydney
Get access

Summary

INTRODUCTION

This chapter addresses the powerful effects of CISG Article 17, perhaps the shortest Article of the CISG, and puts its utility into perspective. This utility is informed by other CISG Articles and UNIDROIT Principles, as described and referenced here.

CISG Article 17 provides the following: “[a]n offer, even if irrevocable, is terminated when a rejection reaches the offeror.” Accordingly, it is seemingly misplaced in its setting within Articles that benefit the offeror in the formation of the contract. Those Articles, CISG Articles 15 through 18, provide grounds upon which the offeror, after having dispatched his offer, may be freed from the binding effects of his offer and therefore reallocate the resources committed. Before the offer has reached the offeree, the offeror may withdraw the offer (CISG Article 15(2)). CISG Articles 16 and 18 contemplate actions that can be taken after the offer has reached the offeree: the offeror may revoke the offer unless it is irrevocable (CISG Article 16). The offeror is also freed from his offer upon the expiration of the time for its acceptance (CISG Article 18(2)).

CISG Article 17, however, foresees as a cause of termination of the offer an initiative emanating from the offeree (i.e., the rejection of the offer) and as such is an obvious offeree benefit. Further, even though irrevocable, the offeree may still reject the offer, an option not allowed the offeror regarding an irrevocable offer (CISG Article 16). Herein lies much of CISG Article 17's power.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
    • By Stephen E. Smith, Senior Lecturer, Northwestern University School of Law (Chicago, Ill., USA)
  • 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/CBO9780511511417.012
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Art. 17 CISG–UP, by Stephen Smith [U.S.A.]
    • By Stephen E. Smith, Senior Lecturer, Northwestern University School of Law (Chicago, Ill., USA)
  • 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/CBO9780511511417.012
Available formats
×

Save book to Google Drive

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. 17 CISG–UP, by Stephen Smith [U.S.A.]
    • By Stephen E. Smith, Senior Lecturer, Northwestern University School of Law (Chicago, Ill., USA)
  • 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/CBO9780511511417.012
Available formats
×