Article 18 sk en

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Article 18
[slovenske znenie]

(1) A statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance.

(2) An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed, within a reasonable time, due account being taken of the circumstances of the transaction, including the rapidity of the means of communication employed by the offeror. An oral offer must be accepted immediately unless the circumstances indicate otherwise.

(3) However, if, by virtue of the offer or as a result of practices which the parties have established between themselves or of usage, the offeree may indicate assent by performing an act, such as one relating to the dispatch of the goods or payment of the price, without notice to the offeror, the acceptance is effective at the moment the act is performed, provided that the act is performed within the period of time laid down in the preceding paragraph.

CASE LAW:

judgement OS NR from 27 February 2006, rec. no.23Cb/211/2005

CISG ADVISORY COUNCIL OPINIONS:

CISG AC OPINION 1: Electronic Communications under CISG

LITERATURE:

see also annotated Article 18 in Pace Database

see also case law to article 18 in the UNCITRAL Digest of case law