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According to UNCCISG, where one party writes a letter of offer giving them three days,when does the time period for accepting an offer commence ?
the answer is on the date shown on the envelope
but i find it confusing because according to UNCCISG an offer in a letter becomes effective when it reaches the recipient so shouldn’t the period start once the receiver has received the letter.
ThanksHmmm! That has me confused too! My initial reaction to the question is that the start date should be the date on which the addressee receives the letter. I checked with Artificial Intelligence and was given confirmation that my reaction was correct. But when I asked AI what was the definitive section of the Convention, AI couldn’t answer that.
So then I tried looking through the Convention itself searching for definitive authority. But couldn’t find it (the Convention is too long!)
What is the source of the question? BPP? Kaplan? Other?
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Appreciate the quick response!
It’s from Kaplan sept-august 2024 exam kit, Question no. 97 and 107.Sadly (do I really mean that?) I don’t have access to neither Kaplan nor BPP exam / revision kits. If you want to go further, you’ll need to type out both questions in full. It’s a pain, but it’s my only suggestion, sorry
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I have read in other forums not to type out the questions because it would be a breach of some sort, that’s why I refrained from typing it out. I guess it’s alright then,
Q.97 where one party writes a letter of offer to another party giving them three days to accept the offer, which of the following states when the time period for accepting will start under the UN Convention on contracts for international sale of goods?
A On the date the letter is posted
B on the date the letter is received
C on the date shown on the envelope
D on the date that the recipient reads
the letterAns. C
Q. 107 An offer in a letter becomes effective at which of the following times under the UN CCISG?
A when the letter is posted to the recipient
B when the letter is delivered to the recipient
C when the letter is read by the recipient
D when the offer is accepted by the recipientAns. B
Good morning Fathima (at least, it is where I am living)
I have put both questions into the Artificial Intelligence forum and this has confirmed my initial answers. The answer to q 97 should be option B. The answer to q 107 is correct as option B
Hope that helps
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Good morning,( past noon here )
That makes sense, thanks alot!- Topics: 3
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I could have posted into the AI myself.. silly me.. next time I’ll bother you if AI isn’t satisfactory, thanks for bringing it to my notice
You’re welcome – but don’t cut me out completely! I enjoy the brain stimulation when faced with answering students’ problems. You keep them on coming!
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Good morning Prof. Mike
Is it okay if I continue to post different questions over here or must I create a new one?Context:
Ruby sets up a new company, Super Solutions Ltd, to continue her
existing business. She enters into a contract on the 15th June 20X7 on
the company’s behalf with Ingrid Ltd for the purchase of stock with
payment to be made 30 days later.
The certificate of incorporation was issued on the 1st July 20X7, it was
received by Ruby on the 8th July 20X7 and the company started trading
on the 15th July 20X7.
When the payment date arrives, the newly registered company has no
cash available because it has also committed large funds to taking a
lease of its new premisesQ The company is not bound under the contract, but
is able to ratify or formally adopt it by ordinary
resolution afterwards, is this true or false
Text and AI said its falseBut isn’t it true, company isn’t bound by contracts formed pre incorporation right? And the promoter is liable for everything prior to incorporation.
ThanksAh! This is not a question testing you on your understanding of pre-incorporation contracts. It’s testing you on the availability of ratification by ORDINARY resolution.
Yes, a company CAN ratify or adopt a pre-incorporation contract but that would require a SPECIAL resolution. So the statement in the question is, in fact, false – the company CANNOT ratify or formally adopt a pre-incorporation contract by ordinary resolution.
OK?
Your subject line is not helpful! The idea of these forums is that students other than you should also benefit and a heading of ‘Help’ will not give others any useful indication of what the thread is about. In the case of this particular question, a better heading would have been, for example, ‘Ratification of pre-incorporation contracts’
OK?
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Okay! Got it.
I couldn’t find a way to change this title,next time I’ll pick a topic that’s apt for the subject.
Thanks again.
Is there an option to search for a topic in the forum?You’re very welcome 🙂
As for a search option … I really don’t know, sorry. Maybe if you posted a general query to Admin, he would be able to guide you.
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Hi
I passed my LW exam , I undersand why you emphasised learning the Incoterms in the lectures.
Scored 76, Thanks alot for the support .@Anonymous – the search tool is here https://opentuition.com/search-opentuition
If you put in “LW” followed by KEY words or phrases you should see related posts (e.g. try “LW UNCISG letter”).
Fathima, that’s a brilliant result – I’m so pleased for you. Very well done indeed. Now you can go to watch how England progress against Sri Lanka in the World Cup 🙂
Kim, thank you so much for your input and guidance for Anonymous. As always, your contribution is hugely appreciated
Thanks again
Mike
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thank you!
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