Contract Formation

AuthorJack Michael Graves
Pages43-57
A Familiar Offer and Acceptance Paradigm—but
One Signicantly Different from Other U.S. Law
The CISG employs a basic offer and acceptance paradigm with respect to
formation, which will, in substantial respect, feel very familiar to the U.S.‑
trained lawyer. However, the CISG approach to offer and acceptance also
includes a number of very important differences from U.S. law, and a lack
of familiarity with these differences may lead to an unexpected, and per
haps unwanted, outcome.
This chapter begins with (1) the offer and follows with (2) the revocabil
ity of an offer, as well as (3) the idea of “withdrawal,” not found in other
U.S. contract law, and addresses (4) the acceptance of an offer. The chap
ter concludes with discussion of rejection, counter‑offer, and the “battle of
forms.” Most, though not all, of the relevant CISG provisions are provided
in the text (consistent with the introductory purpose of this book) as they
arise. The reader should, of course, consult the CISG for a complete text
of the statute.
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INTRNTL Graves CISG Final Press Pass.indd 43 5/6/13 9:36 AM

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