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Is Party A a buyer or a seller?
Legal analysis: 1. The law does not stipulate the writing method of both parties to the contract. In general, Party A provides goods, funds, recruitment and sellers. Buyer and Party B are hired.
For example, the seller of the sales contract is Party A. ..
2. Party A and Party B cannot confirm in the offer and acceptance.
1. An offer is a concrete expression of one party's wish to conclude a contract with another party sent to the owner.
For example, the goods sold in general shopping malls (supermarkets) are all preferential. The shopkeeper can sell it to anyone, and the price tag should be clearly stated; Name, price, place of origin, etc. If the goods are sold to someone or have no specific content, it cannot be called an offer. For example, a real estate company can't call an offer if it only says that it sells a house, but doesn't say the price, apartment type and other explicit conditions. It is impossible to sell a house, and the contract for buying a house is established. It must have specific content.
2. New proposal. As the offeror, the shopping mall sends the specific offer to everyone. The promisor can offer something, but can you sell it when the price drops from 5 yuan to 2 yuan? At this time, the original promisor is transformed into the initiator of the new offer. The original seller becomes the promisor of the new offer. Therefore, it is difficult to distinguish between offer and acceptance.
According to Article 13 of the Contract Law (202 1 to 1 Abolished), the parties conclude a contract by offer and acceptance. In the offer and acceptance, it is impossible to confirm that the goods sold by both parties are "all", such as general shopping malls or supermarkets, including all consumers who may come to shop. In other words, Party B here is not specific. In the acceptance, if the promisor reaches an agreement on the offeror's offer, the offeror is Party A and the promisor is Party B, but if the promisor makes substantial changes to the content of the acceptance, it is a new offer, and both parties are not specific.
Legal basis: Article 12 of the Contract Law
Contents of the contract The contents of the contract shall be agreed by the parties, and generally include the following clauses:
(1) The name and domicile of the party concerned;
(2) Subject matter;
(3) quantity;
(4) quality;
(5) Price or remuneration;
(6) Time limit, place and method of performance;
(7) Liability for breach of contract;
(8) Methods for resolving disputes.
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