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ResourcesThai Civil and Commercial CodeBook2Title II Contract Formation of Contract

Title II Contract Formation of Contract

Page: 54

Section: 359 - 365

Section 359.- If the acceptance of an offer arrives out of time, it is deemed to be a new offer.

An acceptance with additions, restrictions or other modifications is deemed to be a refusal coupled with a new offer.


Section 360.-  The provisions of Section 169 paragraph 2 do not be applied, if the offeror has declared a contrary intention, or if before accepting the other party had notice of the fact of his death or loss of capacity.


Section 361.- A contract between persons at a distance comes into existence at the time when the notice of acceptance reaches the offeror.

If according to the declared intention of the offeror or to ordinary usage no notice of acceptance is necessary, the contract comes into existence at the time of the occurrence of the fact which is to be considered as a declaration of intention to accept.


Section 362.- A person, who by advertisement promises that he will give a reward to whosoever shall do a certain act, is bound to give such reward to any person who does the act, even if such person did not act with a view to the reward.


Section 363.- In case of the foregoing section the promisor may so long as there is no person who has completed the specified act, withdraw his promise by the same means which he used for advertising, unless he has declared in the advertisement that he would not withdraw it.

If a promise cannot be withdrawn by the means aforesaid, withdrawal may be made by other means, but in such case it is valid only as against those persons who know of it.

If the promisor has fixed a period within which the specified act must be done, he is presumed to have renounced his right of withdrawal.


Section 364.- If there are several persons who have done the act specified in the advertisement, only that one who does it first has a right to receive the reward.

If several persons do such act at the same time, each one has a right to receive an equal share of the reward. But if the reward is in nature indivisible, or if by the terms of the promise only one person is to receive the reward, it is decided by lot.

The provisions of the foregoing two paragraphs do not be applied, if in the advertisement a different intention is declared.


Section 365.- A promise of reward, which has a prize competition for its object, is valid only if a period of time is fixed in the advertisement.

The decision whether any competitor fulfils the conditions of the promise within the period, or which one among several competitors deserves the preference, shall be made by the umpire named in the advertisement, or in the absence of any such, by the promisor of the reward. The decision is binding upon the parties concerned.

In case of equality of merit the provisions of Section 364 paragraph 2 shall be applied correspondingly.

The transfer of ownership of the thing produced may be demanded by the promisor only if he has specified in the advertisement that such transfer shall be made.