With the introduction of market relations in our country, the meaning of the word “offer” has become of interest to an increasing number of people. His understanding will be especially useful for those who start their own business. And also to those who participate in various kinds of promotions, which in reality turn out to be not so profitable for buyers. What is oferta, the meaning and interpretation of the word in Latin, will be discussed in the article.
What's the point?
In business practice today, two methods of concluding agreements are used:
- Between those present - both sides at the same time are present in the same place.
- Between the absent - the agreement on the terms of the transaction and the conclusion of the contract occurs through the exchange of information (faxes, letters, e-mail) at a distance.
Moreover, recently the second method is gaining popularity, as many organizations are expanding the scope of their activities and working with counterparties located not only in other cities, but also in other countries. Therefore, the initial stage of signing a “remote” contract - sending an offer - is becoming relevant.
Meaning of the word “offer”
It means an offer that is made in order to conclude a transaction. It lays down such conditions that are material to the contract. They can be addressed to any one person, or to a circle of persons, limited or unlimited.
Moreover, when the recipient of this proposal accepts it, it means that the conclusion of the contract between the parties has taken place. In legal language it is said that the addressee accepts the offer.
The person who sent the offer (issued, published it) is obliged to conclude the specified contract with the recipient (acceptor, any person from the group of acceptors). An offer can be either oral or written.
Learning what the concept of “offer” means will help study the etymology of the word.
Etymology
What is oferta? The meaning of this word is rooted in the Latin language. Initially, there was the verb ferre, meaning "carry, transport, move, move." Then they attached of of the meaning "to, in the direction" and the verb offero - "offer." And from him came the noun offer, meaning "offer to conclude a transaction."
Then similar words passed into some European languages, for example, offer in English or offre in French. According to etymologists, in the 19th century it switched to Russian from French by borrowing.
In continuation of the study of the meaning of the word “offer”, it will be advisable to consider its types.
Varieties
Among them are such:
- Free offer. This is a sales offer that is addressed to certain individuals. The purpose of such an offer is often to study the state of the market, to study consumer demand for a particular product or service. An example is the SMS mailings produced by the mobile operator, reporting on new services and tariff plans.
- Solid. It is addressed to a specific person who is more likely to accept it. An example is the situation in which banks offer their regular customers to participate in programs with preferential lending.
- Irrevocable. This type of offer is addressed to everyone who wants to accept it. Its difference is that the contract cannot be revoked. It is practiced when, for example, a company decides to buy back shares from its shareholders.
- Public It is addressed to an unlimited circle of persons. In more detail, this type of contract will be described below.
Public offer
Its essence will be stated at the conclusion of the conversation about the meaning of the word “offer”. It is a proposal to cooperate, directed to all comers. At the same time, it is not known in advance exactly who these people are and what their number is.
The public offer is the price of the goods indicated in the price tag. In the person of the owner and sellers, the store makes an offer to any person who agrees to this, make a purchase of the product on which the price tag is present. Paying for the purchase, the buyer agrees to the deal, that is, he accepts it - acts as an acceptor.
As an offer, the procedure for displaying goods in a window can also be considered. The store does not have the right to refuse the buyer to sell the goods to him. This is an important feature inherent in a public offer. It is considered such when it is not specifically indicated who exactly can accept it. For example, when cigarettes are sold, the price tag is not considered a public offer. After all, there are age restrictions on the trade in tobacco products. Therefore, such a proposal is not addressed to everyone who wishes to accept it, but only to those who are adults.
Often on advertising stands, in radio announcements, in television commercials, there is a phrase that the offer is for informational purposes only and is not a public offer. Thus, advertisers are trying to evade the obligation to sell the product on the terms that are indicated in the ads.
As a general rule, advertising is not a public offer. Nevertheless, recently there has been a tendency to be able to prove the opposite in court, if it contains the conditions necessary for the transaction, and they are violated by the advertiser. If the advertisement is recognized as an offer, the conditions that it contains are valid for two months from the date of publication of the advertisement.