When two companies have to deal with each other as part of their business, they often use standard contracts. Often, these standard forms contain conflicting terms (e.g.B. both parties include an exemption from liability in their form). The « battle of forms » refers to the resulting dispute when both parties accept the existence of a legally binding contract but disagree on the terms and conditions that apply. These disputes can be resolved by referring to the « last document rule », i.e. the company that sent the last document or « fired the last shot » (often the seller`s delivery note) made the final offer, and the buyer`s organization is deemed to have accepted the offer by signing the delivery note or simply by accepting and using the delivered goods. The invitation to treatment is a first communication that is not intended to be accepted (steps in the pre-contractual process; Negotiation steps). For a hypothesis to be valid, these three criteria must be met: 1. Would a reasonable person in the promisor`s position understand the words of the promisor and intend to be bound by the agreement? · The third party has expired – an offer expires within the period specified in the offer or – if no expiry period is specified – at the end of a reasonable period of time.
[27] Where the type of acceptance used by the target recipient is implicitly approved by the tenderer, . B such as the choice by the target recipient of the same method used by the supplier who has not designated a method of communication, an acceptance with the shipment is effective if it is correctly addressed and if the costs of its transmission are paid in advance. As with expressly authorized methods, acceptance never has to reach the supplier to conclude the contract. 1. Acceptance must be communicated to the Seller. Contract reformulation, a set of rules drafted by experts in the field that represent contract law as applied by most courts, lists additional factors, including whether the agreement is very detailed or relatively simple, whether the amount is large or small, and whether the contract is unusual or common. [7] Offer An offer is a promise that, under its terms, is conditional on an action, forbearance or counter-promise being given in exchange for the promise or its execution. This is a demonstration of the willingness to enter into an agreement that is concluded in such a way that another party has the right to understand that their consent to the agreement will be invited and concluded. Each offer must consist of a statement of the current intention to conclude a contract; a concrete and certain proposal under its conditions; and notification of the offer to the identified potential target recipient. If any of these elements are missing, there is no offer to form the basis of a contract.
A target recipient may accept an offer by providing the requested service or by making an oral or written statement indicating acceptance of the offer. [33] It is important that the acceptance be communicated to the bidder. [34] Upon acceptance, an offer becomes a legally enforceable contract. [35] An avid law student tried to accept the lawyer`s suggestion in completing the task, but the lawyer refused to pay him when he tried to redeem the reward. The court disagreed with the law student, noting that the lawyer had not demonstrated the intent required to make an offer. The lawyer`s testimony was not clear or certain enough to make an offer because it did not specify the beginning and end of the challenge. The court also highlighted other elements of the lawyer`s testimony to show that a reasonable person listening to the interview should have realized that the lawyer did not intend to make a serious offer. The submission of a tender may take different forms and the acceptable form varies depending on the jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, e-mail or verbally or in a behavior, provided that it communicates the basis on which the supplier is ready to conclude. Rejection of an offer An offer is rejected if the bidder has the right, based on the words or behavior of the target recipient, to understand that he intends not to accept the offer or to accept it with other counsel. Rejection may take the form of an explicit rejection of the acceptance of an offer by a counter-offer, which is a new proposal that implicitly rejects the offer; or by a conditional acceptance that acts as a counter-offer. However, the offer may be continued if the target addressee expressly declares that the counter-offer does not constitute a rejection of the offer.
The death or insanity of one of the parties before an acceptance is communicated will result in the expiration of an offer. If the offer has been accepted, the contract is concluded even if one of the parties subsequently dies. the destruction of the object of the contract; the conditions which make it impossible to perform the contract; or the predominant illegality of the proposed contract results in the termination of the offer. An offer can only be the basis of a binding contract if it contains the essential contractual conditions. For example, as a minimum requirement for contracts for the purchase of goods, a valid offer must contain at least the following 4 conditions: delivery date, price, payment terms containing the payment date and detailed description of the offer, including a true description of the condition or type of service. Unless the minimum requirements are met, an offer to sell will not be considered a legal offer by the courts, but an advertisement. .