A public offer is a proposal by a legal or natural person to conclude a specific civil law contract. It implies a proposition addressed to specific subjects that clearly expresses the intentions of this legal or natural person who offers a product or service.
Any contract must be concluded in the following order. One side sends the other proposal to conclude a contract (or offer), and the other accepts this offer or refuses. Sometimes such actions can occur simultaneously. Then the parties come together and sign an agreement, which already means acceptance of the proposal.
But this is far from always the case. Therefore, between acceptance and offer, there is a certain time gap.
Signs of the offer:
- she must have certainty;
- must indicate the orientation of the person to conclude the contract;
- contain all the essential points of the contract.
A public offer is also an advertisement of a service or product in the media or other informative sources. 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 for the acceptance of this type of agreement (for example, the person who has sent an application for one or another product, service) may require the provider to fulfill his debt obligations.
The public offer contains only the will of one party sending the proposal. Therefore, the opponent’s response is crucial. In order for the contract to be considered concluded, the absolute consent of this person is necessary. Otherwise, he will not take action.
An offer of services may 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 accepted it. It may be unconditional or complete.
Silence cannot be taken for acceptance, except as otherwise provided by law, by business customs. It happens that previously held business relations between the parties are taken into account. Acceptance is also considered to be the action by the person who received the offer to fulfill the conditions specified in the contract (this may be unloading goods, performing various works, rendering 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 a service (or fulfillment of other conditions of the offer) together with the text of the offer agreement are recognized as a legally concluded agreement. Seals and signatures on the offer usually do not happen, but one of the parties may require this for accounting.
An example of an offer: advertising, as well as other offers addressed to a not exactly defined circle of people. The contract with the proposal should contain all the essential characteristics. In addition, the will of the person offering the service should be clearly visible in it. Federal legislation on advertising such an offer is also prescribed. It is valid for two months from the beginning of the distribution of advertising campaigns, unless the offer provides for another period.
