o If a party merely declares the minimum price at which it would be willing to sell – ITT- Harvey v Facey – there has been no offer, Facey`s statement is merely a price statement. An agreement is generally divided into two parts: an offer and an acceptance, and includes a ”meeting of minds” (consensual) between two or more parties. The drafting of the contract is subject to an offer, acceptance, to competent parties who have the legal capacity to contract, the legitimate purpose, the reciprocity of the agreement, reflection, reciprocity of the undertaking and, if necessary, a letter. 1. Would a reasonable person in the promiseor`s position understand the promiseor`s words and intend to be bound by the agreement? In general, price offers or price lists alone are not enough to make offers.  On the contrary, a legally enforceable contract arises only when an order is placed ”in accordance with the proposed conditions.”  Therefore, the order is considered an offer. In most cases, the transaction is not completed until the contract is signed.  So if you see a price on an e-commerce site, it`s not yet an offer. If you order the product, make an offer that the retailer can accept or refuse (z.B. if the product is not in stock or if the price has increased). If the distributor confirms your order, it is an acceptance and a binding agreement. No particular form is required for an offer.
An offer is a communication that amounts to a promise to do something (or do nothing) if the person to whom the offer is addressed does something (or refrains from doing) – or makes a promise. An offer can be terminated in different ways before the offer is accepted. While a supplier cannot stipulate that silence is considered an acceptance and thus imposes a favourable refusal obligation on the bidder (Felthouse/Bindley (1862) 142 ER 1037), it is possible: in some cases, waive the obligation of obligation of acceptance – usually where it would not be economically practical to require such notification – as in cases of reward (see , z.B. Carlill) Unsolicited goods In common LAW, the recipient of unsolicited goods in the post office was not required to accept or return them, but if the goods were used, a contract and obligation were created. Today, in order to offer applications for protection, some state statutes have amended the common law rule by providing that when unsolicited goods are received as part of an offer to sell, the goods are a gift. The recipient is authorized to use the goods and is not required to return or pay unless they know they were shipped accidentally. o are offers that introduce new terms or attempt to change the terms proposed in the initial offer. A counter-offer destroys the original bid and the roles of the bidder and the bidder are reversed, and the original party may accept, reject or reject the new terms or make a counter-offer if it is not possible to give special meaning to the words used in an agreement, it is considered too vague or ambiguous to constitute a contract. However, there is an exception to the general rule of advertising. If the quantity put up for sale is indicated and contains words of promise, such as ”come first, served first,” the dishes force the contract if the store refuses to sell the product if the price is offered. If the offer is clear, clear and explicit and no negotiations are opened, acceptance of the offer concludes the contract.