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Hi Sir,
I would like to have your opinion on some answers in BPP Revision Kit Global (and I use your GLO notes).
4.5 – Under UNCISG, at which point does an acceptance made by post become effective?
When it’s A- written B-posted C- delivered to the offerorBPP’s answer is C- delivered to the offeror,
But from your notes I read “If acceptance is by letter, it is effective from the date shown in the letter”.
So reading this my answer would be A- written4.7 – According the UNCISG, what is the latest point in time that an offer may be withdrawn?
A-At the same time the offer reaches the offeree
B-At any time before the offer reaches the offeree
C-At any time after the offer has been received by the offeree, but before any acceptance reaches the offerorBPP’s answer is A-At the same time the offer reaches the offeree
But in your notes, I read “Withdrawal: is where the offeror communicates to the offeree the intention to withdraw the offer before the offeree has received it”
So reading this my answer would be B-At any time before the offer reaches the offereeCould you please confirm what are the right answers and explain why?
Thanks
Nlikha
I believe that acceptance by post is no longer significant in ENGLISH law but there may yet b questions hanging over from the days when it was significant. For those questions, postal acceptance in ENGLISH law is effective from the moment that it is put into the postal system, properly stamped and addressed and both parties must must have thought the medium was acceptable.
For GLOBAL law, acceptance by post is effective when the
leter is actually received by the offeror, so that’s different than for ENGLISH law. Clearly I need to review my global notes!Now, for withdrawal of offers, ask yourself “What’s the difference between option A and option B”
If I can withdraw at any time before the offer reaches the offeree, what’s the event that stops me from having that availability? The event that prevents me from withdrawing is ….. the offer reaches the offeree
Option A and option B are so very similar that I would strongly argue that, at the very instant of receipt by the offeree, there is no difference between them
Poor question – thank heavens it’s not one of mine!
Ok?
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