Selected Cases by Article & Issues
Article 1449 Cases
(1) A proposal for concluding a contract addressed to one or more specific persons constitutes an offer if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. A proposal is sufficiently definite if it indicates the goods and expressly or implicitly fixes or makes provision for determining the quantity and the price.
(2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Requirements for offer | 10 |
| 1.1 | Specification of addressees | 1 |
| 1.2 | Definiteness of terms | 18 |
| 1.2.1 | Indication of nature of goods | 2 |
| 1.2.2 | Determination of quantity | 6 |
| 1.2.3 | Determination of price | 14 |
| 1.3 | Indication of offeror's intention to be bound | 10 |
| 2 | Public offers | |
| 2.1 | Considered simple invitation to make offer | |
| 2.1.1 | Contrary intention expressed by offer | |
| 3 | Offeror's death or incapacity | |
| 3.1 | Termination of offer |