Dictionary

Offer

“A clear proposal to enter a contract on stated terms, made with the intention of becoming binding if the other party validly accepts it.”

Why an offer matters to a first-time founder

An offer can create a binding contract once accepted, even before a polished document is signed. Founders who send prices, scope or employment terms casually may create obligations they did not expect. Clear expiry, conditions and approval authority reduce disputes over whether a deal was actually made.

Examples of offers

A founder emails a supplier: “We will buy 1,000 units at €8 each, delivered by 30 June, subject to our board approving by Friday.” The supplier replies “accepted” on Thursday. Whether a contract exists depends on the condition, authority, communication and governing law, not merely the email’s friendly tone.

Common misunderstanding

An offer is not always the same as an advertisement, price list or invitation to negotiate. Those communications may invite customers to make offers instead. A reply that changes material terms is usually a counteroffer rather than acceptance. Contract rules vary, so labels alone do not decide the legal effect.

When to use it

Use the term when making or assessing a proposal intended to become binding on acceptance. State the parties, subject, price, timing, conditions, expiry and governing documents. For material sales, hiring, investment or supply commitments, use approved wording and obtain legal advice before relying on an informal exchange.