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1、ContentsContents Programme Content1Programme Objective 2 Warming-up 3 Passage One4Passage Two5第1页/共62页Programme Content Read a passage on offers;Read a passage on making an offer on an item;Learn the common expressions on business offer;Learn how to make a firm offer and non-firm offer in the busine
2、ss activities.第2页/共62页Programme ObjectiveTalk about the advantage and disadvantage of firm offer;Talk about the advantage and disadvantage of non-firm offer;Express clearance offer in the business activities;Communicate with foreign business partners on the matters of offer.第3页/共62页Part one Warming-
3、upChallenge YourselfCan you tell us the Chinese meaning of the following words Can you tell us the Chinese meaning of the following words immediately?immediately?1.binding 2.validity 3.expire4.withdraw5.lapse6.omission 7.exceed8.confirmation9.reservation10.interpretation 第4页/共62页Short SurveyHave you
4、 got some idea of the following terms before Have you got some idea of the following terms before reading the passage?reading the passage?1.agreement2.selling offer 3.buying offer 4.a firm offer 5.a non-firm offer 第5页/共62页Passage One Offers第6页/共62页 An offer is a reply to an enquiry from a customer.I
5、t is a proposal of terms and conditions presented in a potential contract by one,called the offeror,to another party,called the offeree.For the sake of the agreement to be binding,the offeree m u s t f i r s t a c c e p t t h e o f f e r,o t h e r w i s e t h e r e i s n o l e g a l c o n t r a c t.
6、Like an enquiry,an offer can be made either by a seller or by a buyer.The offer made by the seller is customarily called“selling offer”in which such expressions as“can supply”,“supply”,“offer”,or“offer firm”is mostly used.If the offer is made by the buyer,it is commonly called“buying offer”.In it,第7
7、页/共62页a different wording is used,such as“book”,“order”or“bid”.In general,it is the seller,the offeror,whooffers the sale of certain commodities to the buyer,The offeree.Firm Offer Firm Offer An offer may either be a firm offer or a non-firmoffer.A firm offer is made when a seller promises tosell go
8、ods at a stated price usually within a statedperiod of time.It must be clear,complete and final.To be clear means that offerors intention andterms in the offer should be clearly stated without第8页/共62页ambiguity.The main trading terms including those about the name of the foods,quality,specifications,
9、quantity,packing,price,delivery,and payment should be completely denoted.To be final signifies that the offeror intends,without reservation,to enter into a contract with the offeree if all the terms offered are accepted by the offeree.As to the completeness of the main terms in a firm offer,it is un
10、derstood that not all the terms specified above are required in every offer.If a usual practice has been formed between the traders through long business relationships established in the past or some general business terms have been agreed upon,there is no need to repeat them every time in the offer
11、.It is important that the omission of certain understood terms should lead to no misunderstanding or ambiguity.Otherwise all main items should rather be completely stated in the offer.第9页/共62页 A firm offer usually provides a term of validity.In this case the offer remains valid until the validity en
12、ds.The acceptance made by the offeree before the validity expires is legally effective.It has to be noted that a firm offer,although does not have a contractual obligation,cannot be withdrawn by the seller within its validity because no reputable seller would risk his reputation by withdrawing his o
13、ffer before the stated or agreed time.第10页/共62页 However,there are different interpretations concerning this problem in different countries.Some hold that so long as the acceptance is made within the validity of the offer,it is having legal force.While others maintain that an acceptance is binding un
14、der the law only when it reaches the offeror before the expiry date of the offer.Anyhow,in order to avoid misunderstanding,it is advisable to state in the firm offer the validity term and,in particular,the definite date and time at the offerors end,before which the offeror should have received the a
15、cceptance.Basically,expressions like“for acceptance within 15 days”,“this offer is valid for 31 days”or similar qualifying words are stated in a firm offer.第11页/共62页 A firm offer lapses when it exceeds the time limit because of expiry of time,or when it is rejected or counter-offered.The lapsed offe
16、r,under such circumstances,is no longer binding on the offeror.To be brief,a firm offer with clarity and precision should contain the following points:A detailed description of the item;Price,currency;Minimum or maximum quantity;Quality;Shipping date,mode;Terms of payment;A time frame during which y
17、our offer is available.第12页/共62页Non-firm Offer Non-firm Offer What is stated in a non-firm offer,contrary to the firm offer,is unclear,incomplete and with reservation.This kind of offer is not binding on the offeror.Such expressions as“reference price”and“subject to our final confirmation”are often
18、used.The following cable,for example,is an offer of this kind.OFFER APPROXIMATELY TWENTY THOUSAND METERS CHINESE HANGZHOU BROCADE REFERENCE PRICE U.S.DOLLARS SIXTEEEN PER METER CIF NEW YORK IRREVOCABLE L/C SUBJECT TO OUR FINAL CONFIRMATION.第13页/共62页 From the above,we can see that the quantity,specif
19、ications and price terms are not clear or definite,and nothing is told about the packing and shipment.Furthermore,the offeror makes the offer with reservationsthe offer is subject to his final confirmation.Generally speaking,quotation sheets and price lists serve as non-firm offers because they only
20、 include part of the terms,such as names,descriptions,specifications and unit prices.They do not include those terms about shipment,payment,etc.The main terms are not completely listed.Besides,the statements like“The prices are subject to change without notice”and“Subject to our final confirmation”a
21、re commonly inserted in quotation sheets and price lists,thus making the offer not final.第14页/共62页Words&Expressions1)proposal n.提议 2)offeror n.发价人；发盘人 3)for the sake of 为了利益着想 4)binding adj.有约束力的 5)customarily adv.习惯上的 6)selling offer卖方发盘7)wording n.用词，措词 8)state v.规定，陈述9)intention n.意图；目的 10)ambigu
22、ity n.模糊 11)denote v.表示 12)reservation n.保留，预订 13)enter into a contract 签订合同 14)completeness n.完全；完全性15)omission n.遗漏 16)validity n.有效期，有效性17)expire v.截止 18)contractual obligation 合同义务 19)withdraw v.撤销，取出 20)interpretation n.解释 21)legal force 法律效力 22)lapse v.失效 n.失误 23)exceed v.超出 24)reference price
23、 参考价格 25)specification n.规格，说明 26)confirmation n.确认第15页/共62页Notes (1)For the sake of the agreement to be binding,the offeree must first accept the offer,otherwise there is no legal contract.为了协议具有约束力，受盘人必须首先接受报盘，否则就没有具有法律效力的合同。其中，短语for the sake of 的意思是“为了”，例如，短语for the sake of the customers 的意思是“为了客
24、户的利益着想”，短语for the sake of your health 的意思是“为了你的健康”，又如，句子For the sake of the country,he has devoted his life to the science.（他为了祖国的科学事业付出了一生。）第16页/共62页(2)To be final signifies that the offeror intends,without reservation,to enter into a contract with the offeree if all the terms offered are accepted
25、by the offeree.最终的意思是指如果受盘人接受了所有报盘条件，报盘人打算与受盘人毫无保留的签订合同。其中，单词reservation 的意思是“保留，余地”，例如，短语have the reservation about 的意思是“对有所保留”，又如，All the members agreed on the proposal without reservation.（所有成员对这项提议都毫不质疑，达成了一致意见。）短语enter into a contract 的意思是“签订合同”，enter into的意思是“开始从事”，例如，短语enter into the question
26、 的意思是“开始讨论问题”，又如，Lets enter into the matter right now.（让我们马上开始解决这个问题。）第17页/共62页(3)It has to be noted that a firm offer,although does not have a contractual obligation,cannot be withdrawn by the seller within its validity because no reputable seller would risk his reputation by withdrawing his offer
27、before the stated or agreed time.需要注意的是，实盘虽然不具有合同义务，但它不能在有效期内撤销。因为任何一个有声誉的卖方都不愿意因在规定时间内撤销报盘而破坏自己的声誉。其中，短语contractual obligation的意思是“合同义务”,即合同当事人约定的义务。动词 withdraw的意思是“撤销”，例如，withdraw a statement 的意思是“撤销声明”，短语withdraw an application的意思是“撤销申请”。名词validity 的意思是“有效期，有效性”，例如，短语the validity of products的意思是“
28、商品的有效期”，短语the validity of contract的意思是“契约效力，合同效力”。第18页/共62页Business Link:Business linkOffer and Acceptance第19页/共62页2/23/2023 Offer and acceptance are elements required for theOffer and acceptance are elements required for theformationformation of a legally binding contract:the expressionof a legally
29、 binding contract:the expressionof an offer toof an offer to contract on certain terms by one personcontract on certain terms by one person(the“offeror”)to(the“offeror”)to another person(the“offeree”),another person(the“offeree”),andand an indication by thean indication by the offeree of its accepta
30、nce ofofferee of its acceptance ofthosethose terms.terms.A promise or act on the part of an offeree indicating aA promise or act on the part of an offeree indicating awillingness to be bound by the terms and conditionswillingness to be bound by the terms and conditionsc containedontained in an offer
31、.For the acceptance,thein an offer.For the acceptance,the essentialessentialrequirement is thatrequirement is that the parties had eachthe parties had each from afrom asubjective perspective engaged insubjective perspective engaged in c conductonduct manifestingmanifestingtheir assent.Under this mee
32、ting of thetheir assent.Under this meeting of the minds theory ofminds theory ofcontract,a party could resist a claim ofcontract,a party could resist a claim of breach bybreach by 第20页/共62页2/23/2023proving that he had notproving that he had not intended to be bound by theintended to be bound by the
33、agreement,only if it appeared agreement,only if it appeared subjectively that he hadsubjectively that he had so intended.This is unsatisfactory,as so intended.This is unsatisfactory,as one party has noone party has no way to know another way to know anothers undiscloseds undisclosed intentions.Onein
34、tentions.One party can only act upon what the other party party can only act upon what the other party revealsreveals objectively to be his intent.Hence,an actual meeting objectively to be his intent.Hence,an actual meeting ofof the minds is not required.Indeed,it has been argued the minds is not re
35、quired.Indeed,it has been argued that that the“meeting of the minds”idea is entirely athe“meeting of the minds”idea is entirely a modern error:modern error:19th century judges spoke of19th century judges spoke of“consensus ad idem”which“consensus ad idem”which modern teachers havemodern teachers hav
36、e wrongly translated as“meeting of wrongly translated as“meeting of minds”,butminds”,but actually means“agreement to the(same)thing”.actually means“agreement to the(same)thing”.第21页/共62页Read and ThinkAfter Reading第22页/共62页2/23/2023Task 1:After the passage,you will find 5 questions.For each question
37、there are 4 choices marked A、B、C and D.You should make the correct choice.1.For the sake of the agreement to be binding,the offeree must first _ the offer,otherwise there is no legal contract.A.accept B.reject C.avoid D.promise 2.The offer made by the seller is customarily called“_”.A.buying offer B
38、.selling offer C.bidding offer D.booking offer 第23页/共62页2/23/20233._ is made when a seller promises to sellgoods at a stated price usually within a stated periodof time.A.A non-firm offer B.A buying offer C.A firm offer D.A selling offer4.In order to _,it is advisable to state in the firm offer the
39、validity term.A.enter into a contract B.sell the goodsC.effect an offer D.avoid misunderstanding5.In a non-firm offer,the offer is subject to _ final confirmation.A.offerees B.banks C.offerors D.lawyer第24页/共62页2/23/2023Task 2:Fill in the blanks with the words and expressions given in the box.Change
40、the form if necessary.expire proposal expire proposal be binding on customarily be binding on customarily promise ambiguity promise ambiguity denote reservation denote reservation validity confirmation validity confirmation第25页/共62页2/23/20231.The contract should be written without _ to avoid any mis
41、understanding.2.The price is subject to our _.3._,we have a get-together of the whole family on the Mid-Autumn Day.4.He _ to build the new school for the needy communities at the meeting.5.His _ of carrying out a research on high-tech product has been unnoticed.6.All the rights are _ to our company
42、and sponsors.7.The agreement should _ both sellers and buyers.8.Dark clouds _ a coming storm.9.There is no question about the _ of the enterprise.10.When does your driving license _?第26页/共62页Read and TranslateAfter Reading第27页/共62页2/23/2023Task 1:Translate the following phrases into English.1.对有约束力
43、2.参考价格 3.签订合同 4.报价单 5.截止日期 6.在情况下 7.期限 8.法律效力 9.价目单 10.合同义务 第28页/共62页2/23/2023Task 2:Translate the following sentences into Chinese.1.He has made an offer subject to prior sale.2.They accepted the proposal without reservation.3.You should give up smoking now,for the sake of your own health.4.A lawfu
44、lly formed contract is legally binding on the parties.5.She allowed her membership to lapse after the first year.第29页/共62页After ReadingRead and Speak第30页/共62页2/23/2023Task 1:Discuss the following questions with your partner after reading the passage.Explain a firm offer and a non-firm offer Explain
45、a firm offer and a non-firm offer in your own words.in your own words.What should be paid attention to when What should be paid attention to when making an offer?making an offer?第31页/共62页2/23/2023Task 2:Recite the following paragraph.Like an enquiry,an offer can be made either by a selleror by a buy
46、er.The offer made by the seller iscustomarily called“selling offer”in which suchexpressions as“can supply”,“supply”,“o f f e r”,o r “o f f e rfirm”is mostly used.If the offer is made by the buyer,itis commonly called“buying offer”.In it,a differentwording is used,such as“book”,“o r d e r”o r “b i d”
47、.I ngeneral,it is the seller,the offeror,who offers the saleof certain commodities to the buyer,the offeree.第32页/共62页Passage Two You Can Always Make an Offer on an Item 第33页/共62页Q 1 Have you ever made an offer?If you have,what kind of offer youve made and what was the result of it?第34页/共62页Q 2Which
48、points should be aware of when making an offer?第35页/共62页 There are some points to be aware of when making an offer.We reserve the right to reject,counter or accept any offer.Acceptance of an offer or a counter-offer may have conditions on it such as the speed or method of payment required.While reje
49、ction of an offer is usually simply because the offer is too low(at the present time),it could also because we have a better offer or we have reservations with regard to the offer maker.While the amount we are willing to accept for any given item can vary day-to-day depending on our mood and cash-fl
50、ow needs,we seldom feel w e n e e d t o m o v e s o m e t h i n g m o r e t h a n w e第36页/共62页need a reasonable price for it.Thus,the farther an offer is from the listed price,the less likely we will accept it.Since we are in the business of buying items to resell,it is really unlikely that we will