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:

1. 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.
2. 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.
3. CThe one marking the acceptance explains the reasons of its being late to the offeror.
4. DThe one marking the acceptance apologizes to the offeror of its being late.

正解 A — The 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.

出處:106 年專門職業及技術人員高等考試律師考試第一試、公務人員特種考試司法官考試第一試 ·「綜合法學(二)・商事法」第 59 題(本卷 70 題,涵蓋公司法、保險法、票據法、證券交易法、強制執行法、法學英文) · 科目:法學英文 · 考試日 106 年 8 月 5 日

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