Contracts #2
Zhanat Alimanov, assistant professor
Home assignment 1
Draft a contract (services as accountant):
(1)
introduction &
(2)
subject matter
Parties:
(1)
LLP “Lako,” director Boris V. Lanin
(2)
Alexander Klichko

Director is executive body in the LLP.
Home assignment 2
11.
Section 3
(Обязательственное
право),
Sub-Section 2, Civil
Code (General Part)
Terms
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Offer - оферта (предложение)
Offeror - лицо, сделавшее предложение (оферент)
Offeree – лицо, кому сделали предложение
Subject matter of Contract – предмет договора
Essential terms – существенные условия
Acceptance – акцепт (принятие)
Revocation – отзыв
Rejection - отказ
Detrimentally – в ущерб
Detriment – ущерб
Reasonably – разумно
Foreseeable – можно было предвидеть
Lapse of time - истечение срока
Counteroffer – контр-офферта
PLAN (Formation of Contracts)
Acceptance
IV.
A.
B.
Forms
Elements
II. Acceptance (art. 395)
ACCEPTANCE
Example (let’s assume..)
Boris sends a letter to Marusya:
“If you cross Kapshagai lake on
foot, I will give you KZT 10 mln.”
Marusya receives the letter, and
sends back a letter to Boris:
“Your offer is accepted.”
After receiving the letter Boris
changes his mind.
Example (let’s assume..)
Can Boris revoke the offer
after its acceptance?
Was it acceptance?
What is acceptance?
Example (let’s assume..)
Can Boris revoke the offer
after its acceptance?
Acceptance => Contract =>
No.
Was it acceptance? Yes.
What is acceptance?
See next slides.
Example 1
KZ company Macro receives an
official letter from KZ company
Arico saying that:
Arico would like to deliver
3 trucks of special modification
to Macro for the special price of
KZT 1, 000, 000 to be delivered
within next month.
Three days after, Macro sends a
letter to Arico saying that they
would like to receive those
trucks on these terms.
Example 1
Was there an
acceptance?
Example 1
Was there an
acceptance?
Art. 396
Art. 396
1.
Acceptance can be by
ANSWER
Question 2
If before Macro received a
letter, Arico sent a fax to
Marco saying that Marco
should ignore its offer.
Can they accept?
Question 2
If before Marco received a
letter, Arico sent a fax to
Marco saying that Marco
should ignore its offer.
Was there
an acceptance?
Art. 396
Art. 396
Offer can be revoked
BEFORE
Acceptance
Example 2
Company Macro receives an official
letter from company Arico saying that:
Arico would like to deliver
3 trucks of special modification
to Macro at special price of
KZT 1, 000, 000 to be
delivered within next month.
Without saying anything, three days
after, Macro paid KZT 3,000,000 to
Arico.
Example 2
Arico changed its mind and
would like to give the
money back.
Was there an
acceptance?
Example 2
Arico changed its mind and
would like to give the
money back.
Was there an
acceptance?
Art. 396
Art. 396
2.
Acceptance can be by
PERFORMANCE
(исполнение)
A. Forms of Acceptance
1.
2.
Answer (ответ)

Effective when received
(art. 397,par. 2)

Comparison: US when
sent (mailbox rule)
Performance
(исполнение)
Example 3
Company Macro receives an official
letter from company Arico saying that:
Arico would like to deliver
3 trucks of special modification
to Macro at special price of
KZT 1, 000, 000 to be
delivered within next month.
Three days after, Macro sends a letter
to Arico saying that they would like to
receive only 2 trucks on these terms.
Example 3
Was there an
acceptance?
Example 3
Was there an
acceptance?
No. It was a
counteroffer.
Art. 396
B. Elements of Acceptance (Art. 396)
Acceptance must be
FULL and
UNCONDITIONAL
(1)
(2)
ACCEPTANCE
1. Full
2. Unconditional
OFFER
1. Intent
2. Identified Offeree
3. Essential terms
+
ACCEPTANCE
1. Full
2. Unconditional
Contract FORMATION
OFFER
1. Intent
2. Identified Offeree
3. Essential terms
ACCEPTANCE
1. Full
2. Unconditional