A public offer is a proposal by a legal or natural person to conclude a certain civil law contract. It implies a proposition addressed to specific subjects, clearly expressing the intentions of this legal or natural person who offers a product or service.
Any contract must be concluded in the following order. One party sends another proposal to conclude an agreement (or offer), and the other accepts this proposal or refuses. Sometimes these actions can occur at the same time. Then the parties get together and sign an agreement, which already means agreement to the proposal.
But this is not always the case. Therefore, there is a time gap between acceptance and offer.
Signs of offer:
- it must have certainty;
- should show the orientation of the person to conclude an agreement;
- contain all the essential points of the contract.
A public offer is also an advertisement of a service or product in the media orother sources of information. It is an appeal to an indefinite number of people with a formal offer of this product or service.
A person who has performed the necessary actions to accept this type of contract (for example, a person who sent an application for a particular product or service) may require the offeror to fulfill his debt obligations.
A public offer contains only the will of one party making the offer. Therefore, the answer of the opponent is of decisive importance. In order for the contract to be considered concluded, the absolute consent of this person is required. Otherwise, it will have no effect.
The service offer agreement can be "accepted" by a person. Acceptance is a positive reaction of a person to an offer addressed to him, this is an answer that he has accepted it. It can be unconditional or complete.
Silence cannot be taken for acceptance, except in cases provided for by law, business customs. It happens that previously held business relations between the parties are taken into account. Acceptance is also considered to be the performance by the person who received the offer of actions to fulfill the conditions specified in the contract (this may be unloading goods, performing various works, providing services, paying any amount of money, etc.).
The performance of the actions described by the public offer under acceptance is considered sufficient to determine the contract as concluded. Thus, payment for the service (or fulfillment of other conditions of the offer) along with the text of the contractoffers are recognized as a legally concluded agreement. There are usually no seals and signatures on the offer, but one of the parties may require this for accounting purposes.
Example of an offer: advertising, as well as other offers addressed to a not exactly defined circle of people. The contract with the proposal must contain all the essential characteristics. In addition, it must clearly show the will of the person offering the service. Federal advertising law also mandates such an offer. It is valid for two months from the start of the distribution of promotions, unless the offer provides for another period.
