A states to B,"Within the next month,I will be placing an order for 100 Model A computers,so please give me your best price." B replies,"I will sell you this model computer for $500 each." A enters into a contract to sell the computers to C for a profit.Three weeks later,B refuses to sell the computers to A.Under the CISG:
A) B will win because the contract was not in writing.
B) B will win because of the mirror image rule.
C) A will win because B's reply was a firm offer.
D) A will win because B had accepted unconditionally.

Question

Quizplus · Accepted Answer

B's reply constituted a firm offer under Article 16 of the CISG because it was clear, definite, and expressed an intention to be bound in case of acceptance. Therefore, A was entitled to rely on B's offer and could consider it as an acceptance. B's subsequent refusal to sell would amount to a breach of contract, and A would be entitled to damages. The fact that the contract was not in writing or that there was a difference in the terms of the offer and the acceptance (mirror image rule) is irrelevant under the CISG.

A States to B,"Within the Next Month,I Will Be Placing