What Are The Ways In Which Contracts Are Concluded?

The thirteenth provision of the contract law stipulates that the parties conclude contracts and take the form of offer and commitment.

The offer is also known as offer, offer, offer, offer or offer.

An offer is a declaration of intention to conclude a contract with others.

The party giving the offer is called the offeror, and the other party referred to by the offer is called the offeree.

An effective offer must have the following conditions: first, the offer must be expressed by a specific person.

An offer can be made by any party, whether he is a natural person or a legal person.

However, the person giving the offer must be specific, that is, people can determine who is the person giving the offer.

Generally speaking, the relative person (offeree) of the offer is also specific, that is, the offer is made to a specific person.

But on some occasions, an offer can also be made to a non specific person.

For example, the sale of goods marked in the store is the offer made by the offeror to the non specific customer (the offeree).

Second, the contents of the offer must be clear, specific and affirmative.

An offer is a proposal for concluding a contract, which must include the main terms of the contract, so that the offeree knows exactly the contents of the offer and decides whether to accept the offer.

Third, an offer must indicate that the promise of the offeree is bound by the intention.

That is, an offer must have the purpose of concluding a contract.

An offer is made in order to conclude a contract with the other party, and the offeror shall express it in his intention.

As an expression of intention to contract with others, the offer has already contained a basic condition for a contract to be fulfilled. In this case, if the offeree accepts the offer, the two parties have agreed on the conclusion of the contract, and the contract will also be established.

Therefore, an effective offer must be bound by the offeror's promise when the offeror is bound to accept the offer.

An invitation to offer is a wish to make an offer to others.

Invitation to offer is the preparatory action for the parties to conclude the contract. When the invitation is offered, the party is still in the preparatory stage of the contract.

An invitation to an offer only entice someone to make an offer. It can neither establish a contract due to the promise of the relative person, nor restrain the offeror by making a promise.

It means that the offer is the intention of the parties themselves to issue a contract, and the invitation to offer is the intention of the parties wishing to issue a contract to the other party. The offer is generally issued to a specific person. The offer is sent to the non specific person. The offeror proposes the main terms of the contract for the other party to consider. The invitation party in the offer does not propose the main specific terms of the contract. After the offer is issued, the offeree accepts the offer, and the offeror is bound by this offer. The invitation to offer is meaningless in law and can not produce the legal consequence of the contract's establishment or not. The invitation to offer is not legally binding on the inviter and the relative party. Difference between offer and offer invitation

The contract law stipulates that the price targets, auction notices, tender notices, prospectus, commercial advertisements, etc., shall be invited for the offer.

The contents of commercial advertisements conform to the provisions of the offer, and shall be regarded as an offer.

The main function of ordinary commercial advertising is that commodity producers and consumers establish direct or indirect commodity exchange relationship in the largest and most effective space and time domain.

The purpose is to introduce the products that they sell by means of media or other means, so as to arouse the desire of a specific person to purchase the goods, and thus ask for the purchase of the product.

Therefore, commercial advertisement is originally an offer invitation rather than an offer.

If a commercial advertisement clearly indicates an offer, or declares a reward advertisement to reward a person who has completed a certain act, because the content is specifically determined and marked as long as the relative person promises himself to be bound by the promise, it shall be an offer and no longer an invitation to offer.

For example, a company needs cement urgently because of its construction needs, and then sends a correspondence to three cement factories, namely, B, C, and Ding. In correspondence, it says: our company is in urgent need of the cement marked "X" model. If your factory is in stock, please rush to correspondence. Our company is willing to send someone to buy it.

A letter issued by a company is an invitation to offer rather than an offer.

On the one hand, in the correspondence, it is expressly stated that "please rush to correspondence and telegram" indicates that a is hoping that B or C or Ding will make an offer to him; on the other hand, a "I would like to send someone to buy it" means that it is sending people to negotiate, rather than pick up the goods.

At the same time, correspondence does not have the essentials of an offer, that is, there are no major terms in the correspondence: quantity, quality, price, way of performance, liability for breach of contract, etc.

The contract law stipulates that the offer will become effective when it reaches the offeree.

To determine the time of arrival of the offer, in the case of oral dialogue, it should be determined by the relative person's understanding of the content of the offer; in the case of non-verbal dialogue, as long as the offer has been delivered to the place under which the offeree is controlled, it should be determined that the offer has arrived at the offeree, and if the letter containing the offer is delivered to the offeree's mailbox, it shall be deemed that the offer has arrived at the offeree from the time of entering the mailbox.

For the same reason, the contract law further stipulates that when a contract is concluded in the form of data message, the receiver designates a specific system to receive the data message. The time when the data message enters the specific system is regarded as the time of arrival. When the system is not specified, the time when the data message enters any system of the recipient is regarded as the time of arrival.

An effective offer has the following legal consequences: first, after the entry into force of the offer, the offeree obtains the legal qualification for the establishment of the contract in accordance with his promise, that is, the contract is established if the offeree undertakes his promise. If the offeree fails to make a promise, the contract can not be established and the offeree is not liable.

Second, the offeror sends an offer to stipulate the time limit for the reply of the offer in the offer, which is called the validity of the offer.

Within the validity period of the offer, it is bound by the offer.

That is, the offeree accepts the offer, and the offeror has the obligation to sign the contract with it. When the offeror makes an offer to the offeror with a specific object, it can no longer send the same to the third party.

If the offeror makes an offer to the other party by the category, then only when the number of the first offeree is satisfied, the offeror will make an offer to the third person with the other kinds of things.

The offeror shall not arbitrarily cancel or change the offer within the validity period of the offer.

Third, an oral offer stipulates the time limit for a commitment, which is valid within the time limit of commitment. If the time limit is not provided, the offeree will not be effective if it fails to make an immediate commitment.

A written offer is valid within the period of commitment if there is a time limit for the commitment, and the offer is valid within a reasonable period of time required to receive a promise in accordance with the usual circumstances.

If the offeree makes a refusal of acceptance, the offer loses its validity.

The contract withdraws the contract stipulates that the offer can be withdrawn.

The withdrawal of an offer means that the offeror gives an offer and the offeror has the right to declare the cancellation of the offer before it reaches the offeree.

Meaning expression.

The withdrawal of an offer shall meet one of the following requirements. First, the notice of withdrawal will arrive at the offeree before the offer reaches the offeree.

Second, the notice and offer for withdrawal of the offer will reach the offeree at the same time.

Allowing the offeror to withdraw the offer is a manifestation of the will and interests of the important covenant.

As the withdrawal is made before the offer reaches the offeree, the offer does not take effect when the withdrawal is made, and the withdrawal of the offer will not affect the interests of the offeree.

If the notice of withdrawal is made after the offeree has arrived at the offeree, the offeree has made a promise to perform the contract, then the act of withdrawing the offer does not have the legal effect of elimination, and the offeror is still bound by the offer.

An offer can be revoked

If an offer is made and has arrived at the offeree, the offeror may revoke the offer according to the circumstances.

A notice of cancellation of an offer shall reach the offeree before the offeree gives a notice of acceptance.

Because the offeror wants to cancel the offer is an offer which has arrived at the offeree and has legal effect. At this time, the offeree has every reason to make preparations for signing the contract or even performing the contract, so there must be strict restrictions to protect the interests of the offeree.

Therefore, the contract law stipulates that an offer shall not be revoked in any of the following circumstances: first, the offeror determines the time limit for the commitment or irrevocable offer in any other form; second, the offeree has reason to believe that the offer is irrevocable and has made preparations for the execution of the contract.

In the first case, in fact, the offeror voluntarily waiver the right to cancel the offer and therefore no longer revoke the offer.

In the second case, usually the offeree is able to conclude that the offer is irrevocable after the receipt of the offer, in accordance with previous paction habits or on the basis of the behavior of the offeror, or the previous paction has proved this point.

Therefore, the offeree has reason to believe that the offer is irrevocable and has prepared for the execution of the contract.