b) In what way is Art. 16(1) CISG analogous to this principle? c) What are its diﬀerences? Q 16-4 In what way does Art. 16(1) CISG apply to electronic communications? See CISG-Advisory Council Opinion No. 1 above. Consider also the problems associated with SPAM mail addressed in Q 15-3 above. Art. 16(2)(a) CISG : Art. 16(2)(a) CISG provides that an intention to be bound may be particularly expressed where the oﬀer states a ﬁxed time for acceptance. That stating a ﬁxed time led to irrevoc- ability during that time was a point of contention at the Vienna Conference, as common law countries merely view the statement of a period of time for acceptance as meaning that the oﬀer lapses after the expiry of such period. Although some authors still express the

doi:10.4324/9780203945445-73

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b) In what way is Art. 16(1) CISG analogous to this principle? c) What are its diﬀerences? Q 16-4 In what way does Art. 16(1) CISG apply to electronic communications? See CISG-Advisory Council Opinion No. 1 above. Consider also the problems associated with SPAM mail addressed in Q 15-3 above. Art. 16(2)(a) CISG

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ABSTRACT

Art. 16(2)(a) CISG provides that an intention to be bound may be particularly expressed where the oﬀer states a ﬁxed time for acceptance. That stating a ﬁxed time led to irrevocability during that time was a point of contention at the Vienna Conference, as common law countries merely view the statement of a period of time for acceptance as meaning that the oﬀer lapses after the expiry of such period. Although some authors still express the view that the eﬀect of Art. 16(2)(a) CISG is to make the oﬀer irrevocable until the expiry of any ﬁxed period, the history of the provision indicates that the ﬁxing of a period for acceptance merely gives rise to a rebuttable presumption of an intention to be bound for that period.