I am a bit confused on what would constitute as an offer.

Is telling someone that they will be paid for their work at either $Y or $X be an offer?

Would replying to this invite and choosing $Y be acceptance?

1 Answer 1


An offer has to be definite enough to be accepted without modification in a manner that would create a contract that states the material terms clearly enough that a court could infer reasonable default terms for any issue not expressly addressed.

Usually, a failure to specify a specific price in a statement would be construed as an invitation to make an offer, rather than an offer. Context and evidence would inform that assessment. If the price chosen is the lower one, the case of offer and acceptance is higher than if the price chosen is the higher one. But ultimately an objective observer must be able to see actions that affirmatively demonstrate an intent to make an offer that can be accepted.

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    "Specific price" cannot be taken as sole crietrion, however. E.g., at least under German law, a (certainly specific) price tag in a supermarket shelf or shop window does not constitute an offer (of the shop), but famously only an invitatio ad offerendum (towards the unspecific customer). It is the customer who makes an offer when they appear with the item and money at the cashier Oct 10, 2020 at 12:08

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