Is there an offer?

An offer is a manifestation of a willingness to enter into a bargain that justifies the

other party believing assent will create a binding agreement.
I. Manifestation
A. Judged objectively
1. Intent of offeror judged by reasonable person in the position of offeree
2. Take into account all circumstances
a) Secret intent to make offer in jest by offeror does not negate valid
offer
B. Communication to offeree
1. Offeree must have knowledge of the offer (See Acceptance)
C. Directed to one or more identified offeree(s)
1. Usually to one offeree
a) It can be to a group or the general public
(1) Ex: an offer of a reward is made to anyone in the public
D. An advertisement is normally not an offer
1. Treated as invitation to customer to make offer
a) If the ad is specific enough it can be valid offer
b) Factors include:
c) Specific requirements to accept (e.g. first come, first served)
d) Limitation on quantity (e.g. only to first 100 customers)
(1) Limits oversubscription
II. Commitment to be bound
A. Words that indicate to the offeree that assent will create a binding
agreement
1. Definiteness of terms
a) Words sufficiently definite that offeree could just say yes and there
would be a contract
(1) Normally this means the parties, price, goods or service due,
and the time of performance
(2) Examples:
(a) Real estate: parcel & price
(b) Employment: duration or scope
B. Unilateral Contract
1. An offer of a unilateral contract invites performance, not a return promise,
and can only be accepted by the specific performance
C. Additional factors or situations:
1. Offer versus invitation to the other party to make an offer or mere
preliminary negotiation
2. Custom or industry practice
3. Preliminary negotiations