Offer under the CISG
Under CISG article 14, a proposal addressed to one or more specific persons is an offer if sufficiently definite and if it indicates the offeror’s intention to be bound on acceptance. A proposal is sufficiently definite when it identifies the goods and expressly or implicitly fixes, or makes provision for determining, quantity and price. A proposal addressed to persons generally is ordinarily an invitation for offers unless the contrary is clearly indicated. Articles 15 and 16 distinguish withdrawal and revocation; their timing and exceptions require separate analysis.
Worked example
A seller addresses a buyer with identified goods, quantity and price and indicates a binding commitment if accepted. Subject to the CISG’s application and the facts, this can constitute an offer.
Common mistake
Assuming every public advertisement is automatically an offer, or treating withdrawal and revocation as identical rules under the Convention.
Where it appears in your exams
| Qualification | Exam | Relationship | Period |
|---|---|---|---|
| ACCA | LW (GLO) | Direct | September 2026–June 2027 |