A public offer is a concept that is often found on the air of television channels, on the pages of Internet portals and newspapers. The term may seem incomprehensible, but in reality everything is much simpler.
The concept and signs of a public offer
The Civil Code of the Russian Federation states that a public offer is an offer of goods and services, which contains absolutely all essential conditions. The offer must include the will of the person making the offer to sign an agreement on the named conditions. In this case, an agreement can be concluded with any person who responded to the offer.
Thus, a public offer is based on three main principles. First, everyone should understand that the person making the offer clearly intends to enter into a contract. In addition, the offer includes all the essential terms of such an agreement. The third point: the agreement is proposed to be signed by the person who fully agrees with its terms, without reservations.
Public offer: examples
Advertising of services or goods in the media and other informative sources can be considered a public offer. In this case, an appeal is made to an indefinite circle of persons. At the same time, the contract with the offer must include all the main characteristics of goods and services, as well as clearly express the will of the person who offers them. According to the federal legislation of the Russian Federation on advertising, such an offer is considered valid for two months from the start of advertising campaigns. However, in the proposal itself, another term can be provided.
Rules for drawing up a contract
A person can accept, i.e. accept an agreement for the provision of services. In this case, we are talking about acceptance - a positive reaction of a person to a public offer, a certificate of its acceptance.
If the person does not express any desire (in other words, is silent), this cannot be considered an acceptance. The exceptions are cases provided for by law and business customs. In particular, it may be taken into account that the parties have previously entered into a business relationship. An acceptance can also be regarded as the performance of the person who received the offer, such actions that are aimed at fulfilling the conditions included in the contract. For example, a party can unload the goods, perform various works, pay any sum of money, etc.
If a party has taken actions that can be interpreted as acceptance, then the public offer agreement can be considered concluded. A legally completed transaction is considered to be the payment for the service or the fulfillment of other conditions of the offer. As for the seals and signatures, they can be affixed to the document at the request of the parties.
