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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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