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

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

Accepted Paper Series