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 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.