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Dear Mike,
Could you please help me to understand below questions? The exam kit provides only the correct answer without any explanation and I don’t agree with the answer given.
Question 1
In relation to the United nations Convention on Contracts for the International Sale of Goods, which of the following statement is incorrect?
A The contract has to be concluded in writing
B The contract does not need to be evidenced in writing
C The contract is not subject to any requirement as to form
D The contract may be proved by any meansAnswer provided by the book C
I was not able to answer this question as I have found it very confusing.
Aren t options A and B contradictory? How does the contract need to be concluded in writing but not evidenced in writing?
Options D: I didn’t understand the meaning of “being proved by any means”
Question 2
In relation to the United Nations Convention on Contracts for the International Sale of Goods, acceptance is NOT effective if the indication of asset does Not Reach the offeror:
A by the same method that the offeror despatched the offer
B in reasonable time of the offer being made
C before the time fixed by the offeror
D before a notice of revocation reaches the offereeAnswer from the book A
My answer BDoes the offeree needs to notify its acceptance in the same method that he has received the offer?
Question 3
In relation to the United Nations Convention on Contracts for the International Sale of Goods, which of the following statement is/ are correct?
The buyer may declare the contract avoided if
1 The seller commits a minor breach of contract
2 The seller has not delivered the goodsA 1 only
B 2 only
C Neither 1 or 2
D Both 1 and 2Book answer C
My answer B
Another question:
Can an offer be avoided after acceptance? If yes do both parties agree?
Thanks a lot for your help
Gabbi
#1. “evidenced in writing” is not the same as “in writing”. For instance, it is possible to have an oral contract but sometimes, although lacking the formality of being in writing, it should at least be evidenced in writing
“Proved by any means” means that in order to persuade a Cou that a contract exists, it’s possible to show that we have an oral contract or even a contract by conduct. In the context of international sale of goods, a contract should be in writing so is not capable of “being proved by any means”
#2. It isn’t effective if it’s not received in reasonable time, it’s not effective if it’s not received within the time fixed and it’s not effective if it’s not received before notice of revocation
The only possible answer is therefore A. If you make me a written offer and I come round to see you and say “I accept your offer” there’s nothing wrong with that so it is effective
Complicated question with a double negative in the question
#3. Minor non-conformity is not a ground for avoidance and nor is non-delivery. Non-delivery within the time specified IS but simple non-delivery whilst still within the specified time period for delivery is not a ground. And nor is non-delivery for matters beyond the vendor’s control (Acts of God)
No, it can’t be avoided after acceptance. Both parties may agree not to go ahead with the contract, but that’s not the same as avoidance
Ok?
Dear Mike
I still have a question about termination of offer.
I believe in this case the book provided the wrong answer, but please correct me if I have made mistake.In relation to the United Nations Convention on Contract for the International Sale of Goods, which of the following statement is/are true?
1 An offer is terminated by rejection
2 An offer can be terminated after acceptanceA 1 only
B 2 only
C both 1 and 2
D Neither 1 and 2My answer is C
Book answer is Bthanks
Gabbi
It is terminated when rejected so option #1 is true
As for option #2, upon acceptance the offer becomes part of the agreement that is itself the contract so, I suppose, the offer no longer exists as a matter capable of acceptance once it has been accepted and therefore it is terminated as an offer upon acceptance
If the question had said “an offer IS terminated upon acceptance” then I would have said both options were correct.
But the question says “it CAN BE terminated after acceptance” and I think the answer is “No”. A contract can be terminated by breach after acceptance but, after acceptance, the offer no longer exists in its own right
According to me, the solution should be “A”
That’s put the cat amongst the pigeons hasn’t it!
I believe that the text is incorrect
Sorry 🙁
Dear Sir,
True, I should have paid more attention on the verb form… It makes sense now after read your explanation and I am very grateful for all your help.
It is very disappointing to see so many mistakes (it is not the first one) in the exam kit from the reputable publisher, but very glad to know that I can use OT for my studies.Thanks a lot for your help
Gabbi
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