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Part III Formation of The Contract, 10 Offer and Acceptance

From: Global Sales and Contract Law

Ingeborg Schwenzer, Pascal Hachem, Christopher Kee

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

Formation of contract — Performance of contract — Interpretation of contract — Burden of proof and damages
10.01 Almost all legal systems act on the assumption that a contract is based upon two distinct declarations, namely offer and acceptance.1 However, this archaic mechanism often does not mirror the present day realities of contract negotiations and conclusions, especially at the international level. 10.02 More than 30 years ago, in a 1979 UK Court of Appeal decision, Lord Denning proposed that the requirements of offer and acceptance were not absolute ones.2 The House of Lords, however, disagreed with this view, preferring to retain the importance of offer and...
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