Offer and acceptance - when reading, for example, the terms of service of a particular site, you have probably come across these two terms. What do they mean and how do they relate to each other?
When it comes to contracts, texts with a list of conditions, drawn up in free form, usually come to mind. They are usually printed in duplicate, and then each of them is signed by both parties to the contract. If these are legal entities, in addition to signatures, contracts are also stamped. Then each of the parties takes a copy for itself. Sometimes contracts are subject to additional state registration, which in most cases is voluntary, but this is not the only type of contract. There are also oral agreements, for the conclusion of which the parties do not have to draw up any documents at all. But their scope is limited. For example, in this way it is possible to agree on the use of a work in a periodical, but what to do if a written contract is required and the physical exchange of documents is not possible? In this case, the offer comes to the rescue (from English to offer - to offer). This is a document that can be placed anywhere: on the product packaging, on the website, etc. It automatically begins to be considered an offer, unless it explicitly states that it is not. Moreover, if it is delivered in a way that allows you to identify the sender, including electronic, then in the case of acceptance, such an agreement is considered concluded in writing. Acceptance, that is, acceptance of the terms of the contract is considered to be the performance of the actions specified in the text of the offer. This term comes from the English verb to accept - to accept. Legal scholars today have a lot of controversy over whether free licenses fit the definition of an offer. The most widespread positive point of view is on this score. Currently, they are preparing for the adoption of an amendment to the Civil Code of the Russian Federation, which will directly establish the procedure for the application of such license agreements. Train yourself in all cases to carefully read the terms of the offer before making its acceptance.
