Week 1 France Netherlands Germany England PECL
How is an offer Art. 1114 CC Arts. 3:33 + 3:35 = Doctrine Intention to be legally Art. 2:201 (1) PECL
defined? juridical act !! bound
+ A proposal amounts to
Gibson v Manchester an offer if:
City Council (a) It is intended
Sufficiently definite to result in a
terms contract if the
other party
accepts it, and
(b) It contains
sufficiently
definite terms
Does an advertisement Yes Yes No No Art. 2:201 (3)
constitute an offer? A proposal to supply
Maltzkorn v Braquet Hofland v Hennis Website: Partridge v Crittenden goods or services at
An advertisement is a Not all advertisements An advertisement is stated prices made by
binding offer to the are offers. If the Products offered on not an offer but a mere a professional supplier
public that binds the personal qualities of websites are regarded invitation to enter into in a public
offeror to the first the accepting party are non-binding invitation negotiations. advertisement or a
person who accepts it. of particular interest to to treat. catalogue, or by display
the offeror, then an Website: of goods, is presumed
+ = intuitu personae. offer to the public is to be an offer to sell or
not binding. Products offered on supply at that price
Website: websites are regarded until the stock of
Website: non-binding invitation goods, or the supplier’s
Products offered on to treat. capacity to supply the
websites are Stichting postwanorder service is, is exhausted.
considered as offers. v Otto
Products offered on
websites are
considered as offers.
Does a display of goods Yes Yes No No Art. 2:201 (3) ^
How is an offer Art. 1114 CC Arts. 3:33 + 3:35 = Doctrine Intention to be legally Art. 2:201 (1) PECL
defined? juridical act !! bound
+ A proposal amounts to
Gibson v Manchester an offer if:
City Council (a) It is intended
Sufficiently definite to result in a
terms contract if the
other party
accepts it, and
(b) It contains
sufficiently
definite terms
Does an advertisement Yes Yes No No Art. 2:201 (3)
constitute an offer? A proposal to supply
Maltzkorn v Braquet Hofland v Hennis Website: Partridge v Crittenden goods or services at
An advertisement is a Not all advertisements An advertisement is stated prices made by
binding offer to the are offers. If the Products offered on not an offer but a mere a professional supplier
public that binds the personal qualities of websites are regarded invitation to enter into in a public
offeror to the first the accepting party are non-binding invitation negotiations. advertisement or a
person who accepts it. of particular interest to to treat. catalogue, or by display
the offeror, then an Website: of goods, is presumed
+ = intuitu personae. offer to the public is to be an offer to sell or
not binding. Products offered on supply at that price
Website: websites are regarded until the stock of
Website: non-binding invitation goods, or the supplier’s
Products offered on to treat. capacity to supply the
websites are Stichting postwanorder service is, is exhausted.
considered as offers. v Otto
Products offered on
websites are
considered as offers.
Does a display of goods Yes Yes No No Art. 2:201 (3) ^
