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Subject: [ebxml-bp] RSD Use case: Revocation of offer (WI 67)
> 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 Point|Assignment of Work Item; @mm1 Assigned WI 67. Thanks. mm1@
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