EUROPEAN CONTRACT LAW AND THE PROBLEM OF MODIFIED ACCEPTANCE

IS THERE ROOM FOR A UNIFIED APPROACH?

Abstract

Rules on contract formation applicable to cases where modified acceptance of an offer has been
made are rather settled in civil transactions. This article examines the possibility of a unified
approach when dealing with the formation of different types of contracts in European contract
law. The discussion hence focuses on rules relating to modified acceptance applicable to B2B,
B2C, G2C and G2B transactions notwithstanding whether such rules are part of European
legislative instruments or of current European legal projects for unification or harmonization.
Two general conclusions are drawn. The first confirms the applicability of general contract law
rules notwithstanding the specifics of a particular transaction. The second finds that traditional
contract law rules based on the 'mirror-image' doctrine are more adequate than current rules.