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Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods

Professor Jacob S. Ziegel, University of Toronto
July 1981

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Article 24

For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention "reaches" the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence.

COMMENT

1. Art. 24 is a definition section and is a necessary complement to the Convention's adoption of the reception rule to determine the time of effectiveness of acceptances and other communications.

2. Art. 24 applies a uniform rule to the communication of all types of intention governed by Part II of this convention, including acceptances. As previously indicated, this may conflict with the common law rule that an offeror is master of his offer and is free to determine how and when his offeror may be accepted. See Waddams, op. cit., p. 63. Where an offeror has evinced an intention that an offer must be accepted in a given way presumeably, that will be sufficient to override the presumptive effect of art. 24. See art. 6.

3. The reception rule in art. 24 should be contrasted with the dispatch rule adopted in art. 26 for communications required under Part III of the convention. There the communication is effective from the time of its dispatch and the risk of non-arrival or late arrival lies with the recipient.

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Pace Law School Institute of International Commercial Law - Last updated April 23, 1999
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