Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree". An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree.
The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.
Whether two parties have an agreement or a valid offer is an issue which is determined by the court using the Objective test (Smith v. Hughes). Therefore the "intention" referred to in the definition is objectively judged by the courts. In the English case of Smith v. Hughes the court emphasised that the important thing is not a party's real intentions but how a reasonable person would view the situation. This is due mainly to common sense as each party would not wish to breach his side of the contract if it would make him or her culpable to damages, it would especially be contrary to the principle of certainty and clarity in commercial contract and the topic of mistake and how it affects the contract. As a minimum requirement the conditions for an offer should include at least the following 4 conditions: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type of service. Without one of the minimum requirements of condition an offer of sale is not seen as a legal offer but rather seen as an advertisement.
Read more about this topic: Offer And Acceptance
Famous quotes containing the word offer:
““In short, Isabella, since I cannot give you my son, I offer you myself.” -- “Heavens!” cried Isabella ... “what do I hear! You, my lord! You! my father in law! the father of Conrad! the husband of the virtuous and tender Hippolita!” -- “I tell you,” said Manfred imperiously, “Hippolita is no longer my wife; I divorce her from this hour.””
—Horace Walpole (1717–1797)
“If I have renounced the search of truth, if I have come into the port of some pretending dogmatism, some new church, some Schelling or Cousin, I have died to all use of these new events that are born out of prolific time into multitude of life every hour. I am as bankrupt to whom brilliant opportunities offer in vain. He has just foreclosed his freedom, tied his hands, locked himself up and given the key to another to keep.”
—Ralph Waldo Emerson (1803–1882)
“As usual the Liberals offer a mixture of sound and original ideas. Unfortunately none of the sound ideas is original and none of the original ideas is sound.”
—Harold MacMillan (1894–1986)