Tender offer

An offer in the legal sense is a declaration of intent that is directed at the conclusion of a contract.

Under a deal, called on the German BGB request is understood according to § 145 BGB, the declaration of intent of the offeror, which anträgt an Other to conclude a contract in such a way that the conclusion of the contract is only dependent on its acceptance. The offer must be determined, in particular the essentialia must be included negotii the respective contract.

An offer is usually to a particular person ( or group of persons ); an exception is the range of unknowns ( offer ad incertas personas, example is the setting up of vending machines ). Total offers are binding, but not in principle unlimited in time. When people present ( for example, a sales call ) is to accept the offer immediately or reject a subsequent adoption is not possible, since the offer has already become ineffective. The interested party can only turn to make an offer afterwards. When absent persons, a reasonable period is to be set.

Will the offeror avoid binding to an offer, so it can provide a free quotation. This is a case of the solicitation of an offer ( invitatio ad referendum ); classic examples of this are shop windows or newspaper ads. An acceptance is not possible here. The far end can only turn to leave a request.

The sending of unsolicited goods or the provision of unsolicited services in Switzerland under Article 6 Obligations, in contrast to German law, no application.