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:
“We are rarely able to interact only with folks like ourselves, who think as we do. No matter how much some of us deny this reality and long for the safety and familiarity of sameness, inclusive ways of knowing and living offer us the only true way to emancipate ourselves from the divisions that limit our minds and imaginations.”
—bell hooks (b. 1955)
“The good husbands understand and offer to help. “All you have to do is ask” they say. But even helpful husbands have to be thanked, their contributions acknowledged, credit given. All those pleases and thank yous. Being grateful takes time and energy. It’s often easier to do it yourself.”
—Bettina Arndt (20th century)
“Today, only a fool would offer herself as the singular role model for the Good Mother. Most of us know not to tempt the fates. The moment I felt sure I had everything under control would invariably be the moment right before the principal called to report that one of my sons had just driven somebody’s motorcycle through the high school gymnasium.”
—Mary Kay Blakely (20th century)