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Subject: Re: [ebxml-bp] Use case: Revocation of offer
Discussion|oasis.ebBP; Topic: Revocation of offer use case 2 February 2004; Point: Legal considerations and possible extension of commercial transaction; Anders@ Dear BPSS team, Please accept the the following legal use case for consideration during F2F meeting this week. In contract negotiation it is sometimes the case that some offers may be revocable. In current UMM and BPSS transactions its not possible to revoke a dispatched Request before AcceptanceAcknowledgement has been dispatched. In order to fully support international conventions it may be desirable to either extend current "commercial transaction" or create a new transaction type with extended offer acceptance semantics, code name "OfferAcceptanceTransaction". The UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) states in: "Article 16 (1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. (2) However, an offer cannot be revoked: (a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or (b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer." mm1@: Anders, we can bring up in today's meeting if time under new business and will bring it up in the F2F per your request. Note, I am using a new simple discussion format that JJ Dubray will introduce to the group today. It will help us automate and manage our discussions a bit more effectively. Thanks. @mm1 @Anders
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