Published by Manz, Vienna: 1986. Reproduced with their permission.
Univ. Prof. Dr. Peter Schlechtriem [*]
C. Acceptance of an Offer [see also Formation of the Contract: Basic Principles and Open Questions]
According to Article 21, a contract can be formed despite a late acceptance. As in the German Civil Code (§§ 150(1), 149) and ULF (Article 9(1) and (2)), there is a difference between an acceptance sent late and one sent on time but which arrives late because of an unforeseen delay in the transmission. In the first case (late dispatch), the offeror can conclude the contract by so informing the offeree. This notice, however, does not constitute the acceptance of a counter-offer; the date of the contract depends on when the acceptance was received, even though it was received late. In the second case (late arrival), the acceptance becomes effective on arrival and thus concludes the contract, unless the offeror protests orally or in writing (Article 21(2) = ULF Article 9(2)).[page 55]
* 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.(...)
180. But see Huber at 443-444 (criticism of the 1978 Draft Convention).
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