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Lex mercatoria material related to Article 18 CISG

For case citations, texts and other lex mercatoria material on silence by offeree:

  1. Go to the CENTRAL Transnational Law Database (TLDB).

    http://tldb.uni-koeln.de/TLDB.html

    Click TLDB's "List of Lex Mercatoria Principles".

  2. Scroll to Chapter I: Contract, Section 2: Conclusion of Contract, Principle No. IV.2.1 - Silence by offeree.

    "Silence by the offeree does not in and of itself amount to acceptance unless the offeree begins with the performance of his contractual obligations or is required to reject the offer due to a long-standing business relationship with the offeror or is subject to a practice which the parties have established between themselves or a trade usage requiring rejection of the offer ('qui tacet consentire videtur')."

    The TLDB database provides annotations to this text. The TLDB annotations address Doctrine, Awards, Principles/Model Laws, Conventions, National Legislation.


Pace Law School Institute of International Commercial Law - Last updated January 28, 2003
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