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WITHDRAWAL OF ACCEPTANCE

OFFER | ACCEPTANCE

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UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS  FORMATION AND AUTHORITY OF AGENTS MANNER OF FORMATION : OFFER AND ACCEPTANCE  ACCEPTANCE

ARTICLE 2.1.10

(Withdrawal of acceptance)

An acceptance may be withdrawn if the

withdrawal reaches the offeror before or at the

same time as the acceptance would have become

effective.

COMMENT

With respect to the withdrawal of an acceptance the present article

lays down the same principle as that contained in Art. 2.1.3

concerning the withdrawal of an offer, i.e. that the offeree may change

its mind and withdraw the acceptance provided that the withdrawal

reaches the offeror before or at the same time as the acceptance.

It should be noted that while the offeror is bound by the offer and

may no longer change its mind once the offeree has dispatched the

acceptance (see Art. 2.1.4(1)), the offeree looses its freedom of choice

only at a later stage, i.e. when the notice of acceptance reaches the

offeror.

This article corresponds to Art. 22 CISG.