An express offer is a clear and definite statement made by one party, the offeror, to another party, the offeree, that indicates a willingness to enter into a legally binding contract. It differs from an implied offer, which is not explicitly stated but can be inferred from the actions or conduct of the offeror.
Express offers can be made orally or in writing, and they must include all of the essential terms of the contract, such as the nature of the goods or services being offered, the price, and any conditions that must be met in order for the offer to be accepted. An express offer may also specify a time limit for acceptance, after which the offer will expire and no longer be open for acceptance.
One important aspect of express offers is that they must be communicated to the offeree in order for there to be a valid offer. This means that if the offeror does not make their offer known to the offeree in some way, there can be no acceptance and no contract.
There are a few exceptions to this rule, however. For example, if the offeror makes an offer that is advertised to the public, such as through a newspaper ad or on a billboard, it may be considered an invitation to treat, which is not a legally binding offer but rather an invitation for the offeree to make a counteroffer.
In order for an express offer to be accepted, the offeree must clearly and unambiguously communicate their acceptance to the offeror. This can be done orally, in writing, or through conduct, such as by paying the agreed-upon price or taking possession of the goods or services being offered.
It is important to note that an express offer can be revoked or withdrawn by the offeror at any time before it is accepted by the offeree. Once an offer has been accepted, however, it becomes a legally binding contract and cannot be revoked without the consent of both parties.
In summary, an express offer is a definite and explicit statement made by one party to another indicating a willingness to enter into a legally binding contract. It must be communicated to the offeree and include all of the essential terms of the contract, and it may be accepted by the offeree through clear and unambiguous communication of their acceptance.