china law
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What types of disputes arise over the formation of the contract?

What types of disputes arise over the formation of the contract?

The types of disputes that arise over the formation of the contract can be classified as follows:

1. Disputes relating to the period of time for acceptance: The period of time for acceptance is of vital importance to the formation of the contract as only an acceptance made within the period of time for acceptance can result in the establishment of a contract.

2. Disputes arising from the offeror's modification of the offer: As a valid offer indicates contractual intention on the part of the offeror, an offer can only be revoked or modified in limited situations.

3. Disputes arising from the withdrawal of an offer: A withdrawal of an offer is an act performed by the offeror before an offer becomes effective which prevents an offer from taking effect. In some cases, an offer can be withdrawn before the offer reaches the offeree.

4. Disputes arising out of counter offers: An acceptance must be unconditional. If an acceptance contains additional or altered terms, disputes as to terms of the contract can arise. What constitutes an unqualified acceptance and not a counter offer therefore can arise as a significant issue when acceptance of a contract is challenged.

 

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