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'Unevenly Formed Contracts': Ignoring the 'Mirror of Offer and Acceptance'


Mathias M. Siems


Durham University - Durham Law School; University of Cambridge - Centre for Business Research


European Review of Private Law, Vol. 12, pp. 771-788, 2004

Abstract:     
According to Article 2:211 of the Principles of European Contract Law, the rules on the formation of a contract apply with appropriate adaptations for contracts which are not concluded through offer and acceptance. How this is to be done, however, is not specified in detail. Furthermore, it is not clear when the conclusion of a contract cannot be divided into offer and acceptance. This article will, therefore, look at these 'unevenly formed contracts', analysing in which areas of law they can be found, and how the conclusion of these contracts can be ascertained. Since contract law often focuses on the standard model of offer and acceptance, it will also be indicated which parts of contract law might require different applications for 'unevenly formed contracts'.

Number of Pages in PDF File: 19

Keywords: contract, contract law, offer, acceptance, European law, Principles of European Contract Law, PECL, European private law

JEL Classification: K12

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Date posted: November 23, 2005 ; Last revised: December 22, 2008

Suggested Citation

Siems, Mathias M., 'Unevenly Formed Contracts': Ignoring the 'Mirror of Offer and Acceptance'. European Review of Private Law, Vol. 12, pp. 771-788, 2004. Available at SSRN: http://ssrn.com/abstract=853825

Contact Information

Mathias M. Siems (Contact Author)
Durham University - Durham Law School ( email )
Stockton Road
Durham, County Durham DH1 3LE
United Kingdom
HOME PAGE: http://www.dur.ac.uk/mathias.siems
University of Cambridge - Centre for Business Research ( email )
Top Floor, Judge Business School Building
Trumpington Street
Cambridge, CB2 1AG
United Kingdom
HOME PAGE: http://www.cbr.cam.ac.uk/about_us/siems.htm
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