Matchup of CISG Article 18 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents || Go to full text of CISG || Go to full text of ULF

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 18                    ULF Article 2(2), 6, 8 
 
1. A statement made by or             ULF Article 2(2)     
other conduct of the offeree 
indicating assent to an offer     ...a term of the offer stipulating 
is an acceptance. Silence or      that silence shall amount to 
inactivity does not in itself     acceptance is invalid. 
amount to acceptance. 
                                         ULF Article 6 
2. An acceptance of an offer 
becomes effective at the          1. Acceptance of an offer 
moment the indication of          consists of a declaration 
assent reaches the offeror.       communicated by any means 
An acceptance is not              whatever to the offeror. 
effective if the indication 
of assent does not reach the      2. Acceptance may also consist 
offeror.  An acceptance is        of the dispatch of the goods or 
not effective if the              of the price or of any other act 
indication of assent does         which may be considered to be 
not reach the offeror within      equivalent to the declaration 
the time he has fixed or, if      referred to in paragraph 1 of 
no time is fixed, within a        this Article either by virtue of 
reasonable time, due              the offer or as a result of 
account being taken of the        practices which the parties have 
circumstances of the              established between themselves 
transaction, including the        or usage. 
rapidity of the means of 
communication employed                ULF Article 8   
by the offeror.  An oral          1. A declaration of acceptance 
offer must be accepted            of an offer shall have effect 
immediately unless the            only if it is communicated to 
circumstances indicate            the offeror within the time he 
otherwise.                        has fixed or, of no such time is 
                                  fixed, within a reasonable time, 
3. However, if, by virtue         due account being taken of the 
of the offer or as a result       circumstances of the transaction, 
of practices which the            including the rapidity of the means
parties have established          of communication of the 
between themselves or of          employed by the offeror, and 
usage, the offeree may            usage.  In the case of an oral 
indicate assent by                offer, the acceptance shall be 
performing an act, such as        immediate, if the circumstances 
one relating to the dispatch      do not show that the offeree 
of the goods or payment of        shall have time for reflection. 
the price, without notice to 
the offeror, the acceptance is    2. If a time for acceptance is 
effective at the moment the       fixed by an offeror in a letter 
act is performed, provided        or in a telegram, it shall be 
that the act is performed         presumed to begin to run from 
within the period of time         the day the letter was dated or 
laid down in the preceding        the hour of the day the telegram 
paragraph.                        was handed in for dispatch. 
 
                                  3. If an acceptance consists of 
                                  an act referred to in paragraph 
                                  2 of Article 6, the act shall have 
                                  effect only if it is done within 
                                  the period laid down in paragraph 
                                  1 of the present Article. 
 


Comments on the match-up

Paragraph (1) of CISG Article 18 is derived from Article 6 of ULF. A second sentence was added which has a bearing on Article 2(2) of ULF. Paragraph (2) is based on Article 8(1) of ULF. Paragraph (3) is a counterpart to Article 6(2) of ULF. Farnsworth in Commmentary on the International Sales LAw, Bianca/Bonell eds. (Guiffè: Milan 1987) 163-165

Go to views on citing ULIS or ULF cases in CISG proceedings


Illustrative ULIS case precedents that can aid in the interpretation of CISG Article 18

ULIS case law referred to below comes from the chapter on CISG Article 18 in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Claredon Press: Oxford 1998)

The author of this chapter is Peter Schlechtriem, Professor, University of Freiburg. [Bracketed] material following each case citation identifies the page of his chapter and the footnote he provides. Click here for schedule of abbreviations contained in his case citations.

Interpretation and ULIS case support

The material we have excerpted pertains only to case law under the Uniform Law that preceded the CISG -- jurisprudence that parties have regarded as relevant because the CISG drafting process commenced with that Law. See the cited chapter of the Schlechtriem Commentary for a comprehensive analysis of CISG Article 18.


Pace Law School Institute of International Commercial Law - Last updated June 18, 1998
Comments/Contributions

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