Job Recruitment Website - Zhaopincom - How to distinguish an offer from an invitation to offer? Can you give some popular examples? First of all, let's see if my opinion is right: the recruitment information of a company is important.

How to distinguish an offer from an invitation to offer? Can you give some popular examples? First of all, let's see if my opinion is right: the recruitment information of a company is important.

Article 14 of the Contract Law stipulates that an offer is an expression of intention to conclude a contract with others and shall meet the following conditions:

Specific content;

(2) The offeror is bound by the expression of will by indicating that he has accepted the offer.

Article 15 stipulates that an invitation to offer is an expression of intention to expect others to make an offer to themselves. Sent price list, auction announcement, tender announcement, prospectus, commercial advertisement, etc. It's an invitation to offer. If the content of a commercial advertisement conforms to the provisions of the offer, it shall be regarded as an offer.

The most fundamental difference between the two is that an offer has the specific content of establishing a contract, while an invitation to offer does not and should not have the content of satisfying the establishment of a contract, otherwise it will become an offer rather than an invitation to offer. Once the other party accepts the offer, the contract is established. If you don't perform according to the regulations, you will bear the consequences of breach of contract. Whether it is an offer or an invitation to offer can be comprehensively judged by the meaning expressed by both parties, the content of the contract proposal and the trading habits. If there are clear provisions in the law, it shall be confirmed in accordance with the provisions of the law (such as several cases of invitation to offer listed in Article 15 of the Contract Law). In the absence of clear provisions in the law, it is more dependent on the company's judgment on the content of the expression of will, to see whether the expression of will strictly meets the requirements of the offer, and to make a comprehensive analysis according to some trading habits.

This is not profound. Simply understood as an offer is a contract with a specific price and specifications for a specific person. An invitation to offer is an invitation to an unspecified person to submit a contract to himself. The price, specifications and quantity are to be determined. I hope it helps you.