1) v. make an unconditional offer to another person to enter into a contract. 2) v. make a payment to others. 3) n. Delivery, except that the recipient has the choice not to accept the offer. However, the act of offering complements the responsibility of the person making the offer. Herman offers Jamie to buy machines for his business. The offer is silent on who should appear first. Herman asks Jamie to send the goods to his store so he can inspect them. If he passes the inspection, he pays for the machines. Jamie refuses and asks Herman to pay first. If both parties refuse execution, who is legally responsible for the violations? From the call for tenders certain items.
It is a rule that certain objects can be offered at a certain place and not, like money, to the person of the creditor, wherever they are. If no place is expressly mentioned in the contract, the place of delivery must be determined by the will of the parties, which can be deduced from the nature of the business and its circumstances. For example, if the contract provides for the delivery of goods from the seller to the buyer on demand, the first being the manufacturer of the goods or a trader in them, without specifying a specific place, the seller`s factory or store is considered to be the intended place and an offer is sufficient there. If the specific items are located in another location at the time of sale, which is the place of delivery. Offer consists of unconditionally offering money or performance in order to fulfill an obligation. The term appears most often in the context of the contractual sale of goods. For example, Section 2074 of the California Code of Civil Procedure provides that „a written offer to pay a certain sum of money or to provide a particular written instrument or personal property, if not accepted, is equivalent to the actual production and supply of the money, instrument, or property.“ In State v. Agostini, the California Court of Appeals interpreted this law to mean that a written offer of payment may constitute acceptance and exercise of an option agreement. Another example: under the perfect offer rule, a buyer of goods can reject the seller`s offer of goods if the goods are defective in any way.
CALL FOR TENDERS, CONTRACTS, PLEADINGS. An offer is an offer to take or take an action that the party to whom the offer is addressed is required to perform. (2) An offer can be money or specific items; These are taken into account separately. Paragraph 1. From the usurer. To make a valid offer, the following conditions are required: 1. It must be made by a solvent person: because if it is made by a foreigner without the consent of the debtor, it will not be enough. Cro.
Eliz. 48, 132; 2 M. and p. 86; Co. Lit. 206. 3.-2. It shall be delivered to the receiving creditor or his representative. 1 warehouse. 477; Dougl.
632; 5 taunts. 307; S. C. 1 Marsh. 55; 6 Esp. 95; 3 R. T. 683; 14 Serg. and Rawle, 307; 1 Nev.
& M. 398; S. C. 28 E. C. L. R. 324; 4 B. & C.
29 S. C. 10 E. C. L. R. 272; 3 C. & p. 453 p. c.
14 E. C. L. R. 386; 1 M. & W. 310; Mr. and Mr. 238; 1 Esp.
R. 349 1 C. & p. 365 4.-3. The full amount owing must be offered in the U.S. legal document or in a foreign document made common by law; 2 N. & M. 519; And the offer must not be restricted under any circumstances. 2 R. T. 305; 1 campb.
131; 3 campb. 70; 6 taunts. 336; 3 Esp. v. 91; Completely. Ev. Part 4, page 1392, n. g; 4 campb. 156; 2 campb. 21; 1 M. & W.
310. But an offer in banknotes, if not contested for this reason, will be good. 3 R. T. 554; 2 Vol. & p. 526; 1 Leigh`s N. P. v.
1, p. 20; 9 Selection. 539; see 2 Caines, 116; 13 Fair 235; 4 N. H. Rep. 296; 10 Wheat 333. But in this case, the amount offered must be exactly what is due, because an offer of a five-dollar bill requiring a change would not be a good four-dollar offer. 3 campb. R. 70; 6 taunts.
No. 336; 2 R. Esp. 710; 2 D. & R. 305; S. C. 16 E. C.
L. R. 87. And an offer was made by means of a cheque contained in a letter requesting an acknowledgement of receipt, which the applicant returned and demanded a higher amount, without contesting the nature of the offer. 8 D.P. c. 442. If shares are to be offered, the debtor must make every effort to transfer them, but it is not absolutely necessary that they be transferred.
504, 533, 579. 5.-4. If a time limit has been agreed in favour of a creditor, it must have expired; The offer must be submitted at the agreed time for the performance of the contract, if it is submitted subsequently, it is only to mitigate damages, provided that it is submitted before the filing of the action. 7 taunts. 487; 8 East, r. 168; 5 taunts. 240; 1 Saund. 33 A, note 2.
The tender must be made before the daylight has completely disappeared. 7 Greenl. 31. 6.-5. The condition under which the debt was contracted must be met. 7.-6. The offer is made at the place agreed for payment or, failing that, to the creditor or his representative. 8 John. 474; Lit. Bl. 132; Ferry. From.
H.T. v. 8. If an offer has been made in due form, it is a full defence to the claim, but the benefit of an offer is lost if the creditor subsequently demands the amount owed from the debtor and the debtor refuses to pay it. Kirby, 293. 9.-Abs. 2. The invitation to tender certain items.
It is a rule that certain objects can be offered at a certain place and not, like money, to the person of the creditor, wherever they are. If no place is expressly mentioned in the contract, the place of delivery must be determined by the will of the parties, which can be deduced from the nature of the business and its circumstances. For example, if the contract provides for the delivery of goods from the seller to the buyer on demand, the first being the manufacturer of the goods or a trader in them, without specifying a specific place, the seller`s factory or store is considered to be the intended place and an offer is sufficient there. If the specific items are located elsewhere at the time of sale, this is the place of delivery. 2 Green. Ev. § 609 4 Wend. 377; 2 applets. 325. 10. If the goods are cumbersome and the place of delivery is not determined or can be inferred from the circumstances, it is presumed that they were intended to be delivered to a place that the creditor could reasonably determine; If the creditor refuses or designates an inappropriate location, the debtor may choose a suitable location and, after notifying the creditor, deliver the goods to it.