Offer

　　Validity time of offer

　　An offer becomes __1___ when it reaches the offeree (CISG Art.15 ). On this point, the laws in all states share the same view, for an offer is an indication of seller’s __2___, and the offeree can only decide whether to accept it or not when he receives it. Therefore, if one party expects or somehow learns that someone is sending him an offer before he really receives it, he sends an “acceptance” to the offeror, in this case. No contract is formed even if the content of the “acceptance” __3___with the offer he receives later. The “acceptance” is in fact an offer, and therefore, no contract can be formed on this unless the other party __4___ the “acceptance”.

　　Withdrawal of offer

　　The ___5___ of offer means that the offeror, for some reason, withdraws his offer before it reaches the offeree or before it becomes effective. This may happen when the offeror finds that the offer he makes contains some mistake, or that the situation has changed which makes his offer ___6___ to him. The common practice is to make use of a faster means of communication to send the message of withdrawal so that it can reach the offeree earlier than the offer does.

　　Revocation of offer

　　To revoke an offer means that when the offer has reached the offeree, and it has become effective, the offeror acts to revoke the offer thus to kill its effectiveness. The issue of whether an effective offer may be revoked _7___ hot debates among scholars from different law systems. The civil law system __8__ that an offer is __9___ within the validity time, or during the time in expectation of a reply, while the common law system provides that an offer may be revoked at any time unless it is accepted. The Convention makes some mediation between the two legal systems of the world which agrees in principle that an offer is revocable before the note of acceptance is dispatched but provides that on the following two occasions, an offer is irrevocable.

　　1) It indicates, whether by starting a fixed or otherwise, that it is irrevocable.

　　2) If it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in __10___ on the offer.

　　1. A. objective B. meaningful C. effective D. helpful

　　2. A. proposal B. tone C. case D. term

　　3. A. differs B. coincides C. deals D. copes

　　4. A. refuses B. dispatches C. confirms D. receives

　　5. A. withdrawal B. lose C. validity D. mediation

　　6. A. good B. unfavorable C. well D. worst

　　7. A. raises B. arouses C. rises D. puts

　　8. A. provides B. writes C. names D. relies

　　9. A. revocable B. irrevocable C. relevant D. irrelevant

　　10. A. rely B. depend C. dependence D. reliance

　　参考答案：

　　(1-5)CABCA (6-10)BBABD

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