An offer is a formal proposal of one person (offeror) to another (acceptor) or to an unlimited number of persons to conclude a civil law contract with notification of all its essential conditions. The offer obliges the offeror to conclude the transaction specified in it with the acceptor who accepted it, i.e. accepted.
There are several types of offers: public, free and firm. The public offer is aimed at an indefinite circle of persons and contains all the essential conditions of the upcoming contract. From its meaning, the will of the offeror is clearly traced to conclude a deal on the stated conditions with anyone who responds to it. A public offer is an advertisement of goods and services through the mass media, that is, an appeal is made to an indefinite circle of persons. The free offer is offered by only a few persons and is used mainly for market research. A firm offer is made to one possible, potential counterparty with the designation of the period during which it is necessary to make its acceptance.
The offer is expressed in a variety of ways. The classic options that exist in the field of entrepreneurial activity are the direction of the draft agreement to the counterparty or oral proposals to conclude a transaction expressed during negotiations between partners. In addition to them, the offer also includes the exchange of telegrams, letters (including using electronic communications), proposals made during telephone conversations and posted in the media.
It should be noted that in order to conclude an agreement, the acceptance of the offer must be complete and unconditional. In the event that the acceptor does not agree with any of the conditions specified in the offer, and sends the offeror a protocol of disagreements, which automatically becomes a new offer. There is, so to speak, a change of roles in legal relations without changing its basic essence.
