An acceptance which arrives late though usually it should have arrived earlier and within a reasonable time by its transmitting manner may nonetheless constitute a contract under R.O.C. Civil Code unless one of the following occurs:
AThe one making the offer has reason to know the facts and sends without delay a notice informing the offeree of the fact that “acceptance” being late.正確答案
BThe one marking the offer does nothing to inform the offeree of the late acceptance while the former has reason to know the facts of its being late.
CThe one marking the acceptance explains the reasons of its being late to the offeror.
DThe one marking the acceptance apologizes to the offeror of its being late.
答案與詳解
A
正確答案
考民法第159條「遲到之承諾」，要約人若即發遲到通知，契約不成立；怠於通知則視為未遲到而契約成立。
逐選項解析
AThe one making the offer has reason to know the facts and sends without delay a notice informing the offeree of the fact that “acceptance” being late.即發遲到通知✓ 正確
要約人立即發出遲到通知，使承諾確定遲到而契約不成立，符合題意「除非」的例外情況。
BThe one marking the offer does nothing to inform the offeree of the late acceptance while the former has reason to know the facts of its being late.怠於通知之效力✕ 易錯陷阱
要約人怠於發出遲到通知，依法承諾視為未遲到，契約仍然成立，不符合題目要求的例外情況。
CThe one marking the acceptance explains the reasons of its being late to the offeror.✕ 錯誤
DThe one marking the acceptance apologizes to the offeror of its being late.✕ 錯誤
