Английский язык для юристов. Предпринимательское право - стр. 13

At times, an offer must be communicated to a party whose name, identity, or address is unknown. In such cases, a public offer is made. A public offer is made through the public media but is intended for only one person whose identity or address is unknown to the offerer. The classic example of a public offer is an advertisement in a lost-and-found column in a newspaper.

By contrast, invitations to trade are not offers. An invitation to trade is an announcement published for the purpose of creating interest and attracting a response by many people. Newspaper and magazine advertisements, radio and television commercials, store window displays, price tags on merchandise, and prices in catalogs are included within this definition. In the case of an invitation to trade, no binding agreement develops until a responding party makes an offer that the advertiser accepts.

The second major element in a binding contract is acceptance of the offer. An acceptance means that the offeree agrees to be bound by the terms set up by the offerer in the offer. Only the offeree, the one to whom the offer is made, has the right to accept an offer. If another party attempts to accept, that attempt would actually be a new and independent offer.

Unilateral contracts do not usually require oral or written communication of an acceptance. When the offerer makes a promise in a unilateral contract, the offerer expects an action, not another promise in return. Performance of the action requested within the time allowed by the offerer and with the offerer's knowledge creates the contract.

In bilateral contracts, unlike unilateral ones, the offeree must communicate acceptance to the offerer. Bilateral contracts consist of a promise by one party in return for a promise by the other. Until the offeree communicates a willingness to be bound by a promise, there is no valid acceptance.

An offer may be accepted by either express or implied means of communication. In an express acceptance, the offeree may choose any method of acceptance, unless the offer states that it must be made in a particular manner. A stipulation such as «reply by Federal Express» or «reply by certified mail» in the offer must be carried out to complete an acceptance.

To be effective, an acceptance must be unequivocal, which means that the acceptance must not change any of the terms stated in the offer. Under common law, this stipulation is known as the mirror image rule.

Under the mirror image rule, the terms stated in the acceptance must duplicate the terms in the offer. If the acceptance changes or qualifies the terms in the offer, it is not an acceptance but a