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OFFER

(A) contracts. A proposition to do a thing. 2. An offer ought to contain a right, if accepted, of compelling the fulfillment of the contract, and this right when not expressed, is always implied. 3. By virtue of his natural liberty, a man may change his will at any time, if it is not to the injury of another; he may, therefore, revoke or recall his offers, at any time before they have been accepted; and, in order to deprive him of this right, the offer must have been accepted on the terms in which it was made. 4. Any qualification of, or departure from those terms, invalidates the offer, unless the same be agreed to by the party who made it. 5. When the offer has been made, the party is presumed to be willing to enter into the contract for the time limited, and, if the time be not fixed by the offer, then until it be expressly revoked, or rendered nugatory by a contrary presumption. (B) A proposal made to another person to enter into a contract. The intent of the person making the offer must be to form a contract and shall contain essential terms (such as price, quantity and subject matter of the agreement) and communicated to another who can validly accept the offer. Acceptance of the offer will create a binding contract.

Law Dictionary – Alternative Legal Definition

1. To bring to or before; to present for acceptance or rejection; to hold out or proffer; to make a proposal to; to exhibit something that may be taken or received or not. Morrison v. Springer, 15 Iowa, 346; Vincent v. Woodland Oil Co., 165 Pa. 402, 30 Atl. 091; People v. Ah Fook, 62 Cal. 494. “2.To attempt or endeavor; to make an”effort to effect some object; In this sense used principally in criminal law. Com. v. Harris, 1 Leg. Gaz. R. (Pa.) 457. “3. In trial practice, to “offer” evidence” is to state Its nature and purport, or to recite what is expected to be proved by a given witness or document, and demand Its admission. Unless under exceptional circumstances, the term is not to be taken as equivalent to “introduce.”

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