• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.43
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• pp.25-52
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• 2009

An acceptance is effected by a statement or other conduct of the offeree indicating assent. Silence or inactivity does not in itself amount to acceptance. An acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. It uses in stating rules on whether an acceptance is too late to form a contract and an offeree may withdraw an acceptance after transmission. The offeree may indicate assent by performing an act such as one relating to the dispatch of the goods or payment of the price without notice to the offeror. The acceptance by action also is to be performed within the time fixed between the parties or within a resonable time. However, an oral offer must be accepted immediately by an offeree. After an acceptance by action, the offeree avoid revocation of an offer by giving the offeror prompt notice to that effect. Even if a reply an offer contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter offer, the reply to an offer contains additional and different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offeror objects to the discrepancy or to that effect. Additional or different terms relating to the price, payment, quality & quantity of the goods, time & place of delivery, a party's liability or the settlement of disputes are considered to materially alter the terms of the offer.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.63
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• pp.3-24
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• 2014

This paper focuses on the formation of contract under CISG through the case by the Korean court. Under the CISG, an offer means that a proposal for concluding a contact constitutes the offer, if it is sufficiently definite and indicates the intention of the offeror to be bound in case of acceptance. An acceptance is statement made by or other conduct of the offeree indicating assent to an offer, and this statement purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance. In practice, parties negotiate for lots of contract terms to conclude the contract, and the last reply indicating of assent which is made by statement or other conduct to a proposal for concluding a contract would be an acceptance. At this time the most important factor is the intention of parties whether they intend the offer or the acceptance, Purchase order by buyer or Offer Sheet by seller would be understand as condition precedent for the formation of contract. Nevertheless, keep in mind that the Korean court is consistent in the way Purchase order by buyer or Offer Sheet by seller is an acceptance to conclude contract.

• The KIPS Transactions:PartD
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• v.11D no.3
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• pp.731-740
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• 2004

In this paper we propose a fast negotiation agent system that guarantees the reciprocity of the attendants in a bilateral negotiation on the e-commerce. The proposednegotiation agent system exploits the incremental learning method based on an artificial neural network in generating a counter-offer and is trained by the previous offer that has been rejected by the other party. During a negotiation, the software agents on behalf of a buyer and a seller negotiate each other by considering the multi-attributes of a product. The experimental results show that the proposed negotiation system achieves better agreements than other negotiation agent systems that are operated under the realistic and practical environment. Furthermore, the proposed system carries out negotiations about twenty times faster than the previous negotiation systems on the average.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.1-22
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• 2016

This study primarily concerns the cases recently held as to the formation of contract under the CISG. In order to put forward the most plausible direction to interpret the rules on the formation of contract under the CISG, it particularly deals with the followings. First, it scrutinizes the rules on the formation of contract, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. Second, it introduces two recent interesting cases regarding the formation of contract and provides legal and practical advice to the contracting parties when they intend to conclude a contract under the CISG as a governing law. The followings are practical points that the parties should consider when they enter into contract. First, as any signature or intial made in the offer could be regarded as an acceptance, the parties are required to clarify the meaning of such signature or initials before the conclusion of contract. Second, it is not necessarily required one's signature for an offer to become effective but his name. Third, standard terms cannot be incorporated into the contract simply by reference to web-page or other documents. In order for such terms to be incorporated, it may be necessary to enclose them in the offer or to bring the other party's attention to them. Forth, one should remember that an acceptance by act become effective not when such act is complete, but when it is performed.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.57-90
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• 2014

International sales contract, in general, is concluded through the exchange of written forms which contain each of their own business terms and conditions among the contractual parties. To illustrate, A sends the other an offer on A's general terms and conditions of business and B accepts the offer subject to the use of B's own general terms and conditions. Where the two sets of terms and conditions do not coincide, the question may arise whether the parties(A and B) have contracted and, if so, whose general terms and conditions apply. This situation is referred to as "the battle of forms". This article would try to make, in terms of the battle of forms, a comparison between the classical perspectives and opinions which are based on the principle of the English Common Law and the modernistic perspectives and opinions which are applied to the provisions in the UCC, CISG, and PICC. Therefore, the aim of this article is to provide the increase self-consciousness with respect to the battle of forms between the contractual parties that may frequently happen in the international business transactions and will pave the way for further research in the future.

• Korea Trade Review
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• v.41 no.4
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• pp.21-40
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• 2016

This study mainly deals with a recent case held as to the formation of contract under the United Nations Convention on International Sale of Goods(CISG). In order to analyse the fact of the case and the justification of its holdings, it examines the rules on the formation of contract under the CISG, focusing on the requirements of offer and acceptance, the time when such offer and acceptance become effective, the issues on the battle of forms. In addition to these, it particularly investigates the rules on a delayed acceptance under the CISG. After looking into those rules, it criticizes the holdings and provides legal and practical advice to contracting parties who intend to conclude a contract under the CISG as a governing law. It finds that whose e-mail in the case amounts to an offer and an acceptance is depended upon the interpretation of intention of the parties expressed in their statement. According to such interpretation, even if a purchase order is requested by the seller for the formation of contract, a contract may be concluded by a simple statement which commits the buyer himself to purchase the seller's goods. This is particularly the case where such request is made only to clarify the buyer's intention to purchase them.

• World Technopolis Review
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• v.1 no.1
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• pp.27-41
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• 2012

The science and technology park movement has been developing for over 60 years. The first developments simply relied on the co-location of tenant companies and the park's host to encourage technology transfer. This is in contrast with their modern counter parts which offer a range of active links between tenant companies and host organisations as well as a raft of business development services to support technology commercialisation. Many of these sites have also become important centres in regional innovation plans. In these cases they are supported by a range of local, regional and national policies that are aimed at establishing a business, technology and social environment which support innovation. The paper examines both the business development programmes developed by science and technology parks to support technology commercialisation and the macro conditions that are now being developed to support innovation.

• Journal of Computing Science and Engineering
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• v.5 no.3
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• pp.257-268
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• 2011

Machine learning and data mining have found many applications in biological domains, where we look to build predictive models based on labeled training data. However, in practice, high quality labeled data is scarce, and to label new data incurs high costs. Transfer and multitask learning offer an attractive alternative, by allowing useful knowledge to be extracted and transferred from data in auxiliary domains helps counter the lack of data problem in the target domain. In this article, we survey recent advances in transfer and multitask learning for bioinformatics applications. In particular, we survey several key bioinformatics application areas, including sequence classification, gene expression data analysis, biological network reconstruction and biomedical applications.

• Journal of Distribution Science
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• v.3 no.1
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• pp.23-42
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• 2005

The service offer expectation and the desire of customers to a large-sized rate influence store also increase as a result of such environmental change. the counter where research of a book was upgraded from differentiation pursuit by competition between business condition in business condition in the case of the domestic rate influence store which has put the focus on service strengthening The work shrine which cannot reach here the competition predominance in the domestic market it will be hard coming to secure, when environmental change of inside large-sized rate influence store industry is taken into consideration The research which tried to receive customer service failure recovery carried out actual proof analysis in the influence to which fair nature lateness of a customer attains to the re-purchase intention to this store of customer satisfaction and future by service recovery process for an object in the customer who held service failure recovery experience in the domestic large-sized rate influence store.

• Journal of information and communication convergence engineering
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• v.8 no.6
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• pp.677-681
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• 2010

This paper proposes a transmission probability control scheme for enhancing the performances of FSA-based RFID system. In order to maximize the system performance, the number of tags attempting to transmit their identifiers in a frame should be kept at a proper level. The reader calculates the transmission probability according to the number of tags within the identification range of reader and then broadcasts it to tags. Tags, in which their slot counter values reach to zero, attempt to transmit their identifiers with the received probability. Simulation results show that the proposed scheme can offer better throughput and delay performance than the conventional one regardless of the number of tags.