Public offer - the offer of a legal or natural person to enter into a particular contract of civil nature.It implies a proposition addressed to a specific subject, clearly expressing the intention of the entity or person that offers a product or service.
Any agreement must be concluded in the following order.One party sends to the other suggestion, to enter into a contract (or offer), and the other - makes this offer or refuses.Sometimes these actions can occur simultaneously.Then the parties get together and sign a contract that is already agreed to the proposal.
But this is not always the case.Therefore, between the adoption of the proposal and there is a certain time lag.
Signs offer:
- it must have certainty;
- needs to show the direction the person to sign the contract;
- contain all the essential points of the contract.
Public offer - is also advertising the service or product in the media or other sources of informative character.It is a request for an unspecified number of people with a formal offer of goods or services.
person who has committed the necessary steps for the acceptance of this type of contract (for example, a person who has sent an application for certain goods and services) may require the offeror to perform his debt.
public offer will contain only one side of the guide offer.Therefore, determining the value of a response to the opponent.In order for a contract is concluded, the absolute need that person's consent.Otherwise, it is not effective.
Treaty offers for the provision of services may be "accepted" person.Acceptance - a positive reaction to the person addressed to him an offer, it is the answer that she accepted them.It can be unconditional or complete.
The silence can not be taken for acceptance, except as provided by law, the customs of trade.Sometimes that takes into account previously had a business relationship between the parties.Acceptance is also considered committing a person has received an offer for the implementation of actions specified in the contract terms (it can be unloading the goods, performance of various works and services, the payment of any sums of money, etc.).
acts that describes a public offer for acceptance, is considered adequate to define the contract as a prisoner.Thus, payment services (or performing other terms of the offer), together with the text of the contract offer legally recognized agreements.Seal and signature on the offer does not usually happen, but one of the parties may require that for accounting.
Example offer: advertising, as well as other proposals, addressed to the not exactly defined group of persons.The treaty proposal must contain all the essential characteristics.In addition, it must be clearly visible to the will of the person offering the service.The federal law on advertising such offer as prescribed.It is valid for two months from the beginning of the spread of promotions, if the offer is not provided for another term.