UC知道三段合同法英语的案例分析！既懂英语又懂法律请进！
来源：百度知道 编辑：UC知道 时间：2024/04/30 13:49:44
案例1
S sent an offer to B: “ We’ll sell apples up to 1000 tons at $400 a ton for delivery during January”. B wrote S: “ Would $350 be agreeable on 500 tons?” Two days later B changed his mind and wrote: “ Send 500 tons at your price.” Both messages arrived in regular course of mail. Does B have enforceable rights against S?
No, B doesn’t. Because S’s reply is a counter-offer. The counter-offer is tantamount to rejection and it destroys the offer.
案例2
B signed and delivered on July 15, 1999, the following “Receipt of $100 is herby acknowledged and in consideration the undersigned agreed to convey the farm to C upon payment of $15000 on or be fore Sept. 15(signed) B”. What are C’s rights against B?
案例3
The defendant offered by letter dated 8 June 1864, to take shares in the company sending part-payment of 1 shilling (5p) a share. No reply was made by the company, but on 23 November 1864, they allotted shares to the defendant. The defendant refuse
S sent an offer to B: “ We’ll sell apples up to 1000 tons at $400 a ton for delivery during January”. B wrote S: “ Would $350 be agreeable on 500 tons?” Two days later B changed his mind and wrote: “ Send 500 tons at your price.” Both messages arrived in regular course of mail. Does B have enforceable rights against S?
No, B doesn’t. Because S’s reply is a counter-offer. The counter-offer is tantamount to rejection and it destroys the offer.
案例2
B signed and delivered on July 15, 1999, the following “Receipt of $100 is herby acknowledged and in consideration the undersigned agreed to convey the farm to C upon payment of $15000 on or be fore Sept. 15(signed) B”. What are C’s rights against B?
案例3
The defendant offered by letter dated 8 June 1864, to take shares in the company sending part-payment of 1 shilling (5p) a share. No reply was made by the company, but on 23 November 1864, they allotted shares to the defendant. The defendant refuse
几个要约与承诺问题
1、不对，B要求$350虽然是新的要约，但其后又发出去S要约的确认，视为对S要约的追加承诺
2、有，B只是发出了要约，但C没有承诺
3、被告发出的要约没有规定承诺期限，承诺人应当在合理期限内作出承诺，案中该公司的承诺显然没有在合理期限内作出，故不视为承诺。但被告应返还该部分价款。