2. Intention to be Bound

The second requirement established by Art. 14(1)(1) is the offeror’s intention to be bound to its offer in case it it accepted by the offeree. This requirement distinguishes an offer from an invitation to treat, also known as an invitation ad offerendum. The intention to be bound is generally lacking e.g. in case of clauses like ‘without obligation’, ‘sans engagement’, or ‘freibleibend’.

Under Art. 14(2) a proposal directed to an unspecified group of addressees is in case of doubt an invitation to treat:

(2) A proposal other than one addressed to one or more specific persons is to be considered merely as an invitation to make offers, unless the contrary is clearly indicated by the person making the proposal.

Last modified: Thursday, 22 October 2015, 4:52 PM