Published by Manz, Vienna: 1986. Reproduced with their permission.

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C. Acceptance of an Offer [see also Formation of the Contract: Basic Principles and Open Questions]

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Article 20 gives more precise rules than ULF Article 8(2) for the beginning of the period of time available for acceptance, which depends on the means of communication. Legal holidays or non-business days generally have no influence on the calculation of the deadline (Article 20(2) sentence 1). Parties in international trade cannot be expected to adjust to the various national, regional, or local holidays.[179] For the offeree's reply, however, when the acceptance could not be delivered to the offeror because of a holiday, sentence 2 allows an extension of the deadline for acceptance until the first following business day. This should not make the offeror uncertain because he must reasonably take into account the possibility that the other party would not know of a holiday which prevents delivery and, therefore, would take advantage of the entire period.

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FOOTNOTES

* The author of this book participated at the Conference as a member of the delegation from the Federal Republic of Germany. The views expressed here are personal to the author and do not necessarily represent the position of the F.R.G. or its delegation.

179. See von Caemmerer, 29 RabelsZ 134 (1965) (regarding ULF).

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