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Art. 20 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

PERIOD FOR ACCEPTANCE FIXED BY THE OFFEROR: CISG ART. 20 AND PECL ART. 1:304

In the situation where the offeror fixes a precise date by which the offeree must accept the offer (e.g., “no later that 31 August”), there are no special problems regarding the period allowed for acceptance of the offer by the offeree. However, in the situation where the offeror merely indicates a period of time for acceptance (e.g., “fifteen days”), problems may arise as to when that period begins because of possible uncertainty in whether the period starts to run from the time the communication was prepared by the offeror, the time it was sent, or the time it was received by the other party.

It is an important element of certainty for parties who contemplate entering into a contract that there is a clear point of time at which the period fixed by the offeror for acceptance of the offer commences.

In Part II of the Convention, entitled “Formation of the Contract,” CISG Article 20 provides the rules for calculating when that period begins to run in situations where the commencement of the period of time during which an offer can be accepted by the offeree has not been expressly fixed by the offeror.

PECL Article 1:304, entitled “Computation of Time,” seems to have a slightly broader scope than CISG Art. 20: the former provides the rules for computing the commencement of a period of time “set by a party in a written document for the addressee to reply or take other action,” whereas the CISG deals specifically with the “time for acceptance fixed by the offeror.”

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  • Art. 20 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/CBO9780511511417.050
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  • Art. 20 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/CBO9780511511417.050
Available formats
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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. 20 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/CBO9780511511417.050
Available formats
×