Does the CISG's approach differ significantly from the common law or the UCC?
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what is a counter offer in contract law Informational
- If one party agrees to indemnify the other against certain types of losses or liabilities, what are the scope and limitations of this obligation?
- Are there any exceptions to the parol evidence rule that might apply in such cases? What is the legal significance of the language used in a response to an offer in determining whether it is a counter offer?
- Are there any types of damages that cannot be excluded by contract? How does the legal concept of "assignment" and "delegation" relate to contracts formed through counter offers?
- Does novation involve the creation of a completely new contract that replaces the original obligations, whereas a counter offer leads to a modification of the initial proposal?
- How do courts interpret ambiguous responses to an offer? Can silence or inaction on the part of the original offeror be construed as acceptance of a counter offer?
- What are the elements of a promissory estoppel claim? What are the implications of making a counter offer "subject to" certain conditions?
- If a party makes a typographical error or miscalculates a figure in their counter offer, is the resulting contract still valid?
- If the goods do not conform to the warranties (express or implied) agreed upon in the contract, what remedies are available to the buyer? What are the legal implications of a counter offer that seeks to establish a long-term contractual relationship with provisions for renewal or termination?
- Under what circumstances might a conditional acceptance still lead to the formation of a contract? How does the principle of mutuality of obligation relate to contracts formed through counter offers?
- Could the original offeror argue that the late acceptance constitutes a new offer? How does the concept of ratification apply to situations where an unauthorized agent makes or accepts a counter offer on behalf of a principal?
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