![]() Under Dutch law, acceptance takes place at the moment that the acceptance is communicated directly to the offeror. In some Common Law jurisdictions, acceptance occurs at the moment that acceptance is dispatched via post by the accepting party. Similarly, it is advisable for an offeror to immediately object if a purported acceptance deviates from an offer in an unacceptable manner. To ensure certainty as to the terms of the contract, it is advisable to ensure that all variations on the terms of an offer have been duly assented to by the offeree. However, a deviation that relates only to minor terms of the offer will not prevent the purported acceptance from being valid. This means that the offeree must unconditionally accept the terms of the offer. Under Dutch contract law, an acceptance must comply with the terms of the offer, otherwise it will be considered a counter-offer (6:225(1) of the Dutch Civil Code). An act of performance of the proposed contract may also result in acceptance. Acceptance can be expressed by means of a statement, express or implied, or by conduct (art. What is acceptance of an offer under Dutch contract law?Īcceptance is a declaration of will on the part of the offeree addressed to the offeror, which establishes the consent of the offeree to the terms of offer. For example, in most cases an advertisement is an invitation to make an offer rather than an offer. ![]() To be capable of acceptance an offer must include all the necessary information for the purported contract. What is an offer under Dutch contract law? ![]() In any case, it is advisable to put the contractual terms into writing and have them signed by both parties in order to avoid difficulties with providing evidence of the content or even the existence of an agreement. Furthermore, there are instances where Dutch law prescribes the use of a notarial instrument, such as for the formation of companies or the sale of real estate. For example, certain terms in contracts of employment must be in writing. Nevertheless, in certain cases there is a statutory requirement of form. This means that contracts may be concluded orally, or even tacitly by conduct of the parties from which the relevant intention can be inferred (article 3:37(1) of the Dutch Civil Code). What are the contract formation requirements under Dutch contract law?Īs a general rule, formation of contract is not subject to any requirements of form. ![]() Under Dutch law, a contract comes into existence at the time of acceptance of an offer. A contract under Dutch law is formed by an offer and its acceptance (art. ![]()
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