| 释义 |
offer
n. An indication of willingness to do or refrain from doing something that is capable of being converted by acceptance into a legally binding contract. It can be made orally, in writing, or implied through conduct. It is made by an offeror to an offeree and is capable of acceptance only by an offeree who knows of its existence (Taylor v Laird [1856] 25 LJ Ex 329). Thus, a person giving information cannot claim a reward if he did not know that a reward was being offered. The offer can be made to a specific person, a group of persons, or the world at large (a unilateral offer). An offer must be distinguished from an invitation to treat, which is an invitation to others to make offers. Displaying goods in a shop window (Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401); Fisher v Bell [1961] 1 QB 394), placing an advertisement (Partridge v Critenden (1968) 2 All ER 425), holding an auction (Payne v Cave (1789) 3 Term Rep 148), or inviting tenders (Spencer v Harding [1870] LR 5 CP 561) are presumed to be invitations to treat. These presumptions are rebuttable. An invitation to treat must also be distinguished from a declaration of intention, which is a mere statement of intent to invite offers in the future (as by advertising an auction), and from a request for information (Harvey v Facey [1893] Ac 552). See also counteroffer; lapse of offer; rejection of offer; revocation of offer. |