Page:The Civil code of Japan (IA cu31924069576704).pdf/158

A person who, without specifying a time for acceptance, makes an offer to another at a distance cannot withdraw his offer within the time within which notice of acceptance might reasonably be expected.

The provisions of Art. 97, 2 do not apply, if the offerer has expressed a contrary intention, or if the other party had notice of the death or loss of capacity.

A contract between persons at a distance comes into existence at the time when the notice of acceptance is sent.

If according to the expressed intention of the offerer or to a prevailing custom no notice of acceptance is necessary, the contract is deemed to come into existence at the time of the occurrence of the fact which is to be considered as an expression of intention to accept.

If notice of the withdrawal of an offer arrives after notice of acceptance has been sent, but it is apparent that the former was sent in such time that in the ordinary course of things it ought to have arrived before, the acceptor must immediately give notice to the offerer of such delayed arrival.

If the acceptor fails to give such notice, the contract is deemed not to have come into existence.

If a person accepts an offer, but adds a condition to it or changes it, he is deemed to have refused