Can I get my money back, part III
Sunday, August 3, 2008 12:18:07 PM
An example from the formation of a contract.
"Can I get my money back if I change my mind?
No. Building permit fees are non-refundable once the permit has been issued."
Quoted from:
http://www.cityoflennoxsd.com/index.asp?Type=B_LIST&SEC=%7BD3695AD2-B536-4C4C-B245-9A9806592D75%7D#{4F340D98-FFCC-48AA-B4A0-DE62225BAAAD}
Here the limit is set to "once the permit has been issued."
This seems to be in accordance with general contract law. It is therefore necessary to be aware of when you are negotiating a contract and are free to leave the table and when a binding contract is reached. Perhaps the parties should agree on this before they start their contract negotiations.
Even if the CISG does not apply to buildings, it is still a very good source for general contract law. See article 16:
Article 16
(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.
(2) However, an offer cannot be revoked:
(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or
(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.
"Can I get my money back if I change my mind?
No. Building permit fees are non-refundable once the permit has been issued."
Quoted from:
http://www.cityoflennoxsd.com/index.asp?Type=B_LIST&SEC=%7BD3695AD2-B536-4C4C-B245-9A9806592D75%7D#{4F340D98-FFCC-48AA-B4A0-DE62225BAAAD}
Here the limit is set to "once the permit has been issued."
This seems to be in accordance with general contract law. It is therefore necessary to be aware of when you are negotiating a contract and are free to leave the table and when a binding contract is reached. Perhaps the parties should agree on this before they start their contract negotiations.
Even if the CISG does not apply to buildings, it is still a very good source for general contract law. See article 16:
Article 16
(1) Until a contract is concluded an offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance.
(2) However, an offer cannot be revoked:
(a) if it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable; or
(b) if it was reasonable for the offeree to rely on the offer as being irrevocable and the offeree has acted in reliance on the offer.