Discuss The Validity Of Invitation To Offer

The validity of invitation to offer no matter in the academic circles or in the trial practice has been controversial. For the validity of invitation to offer, the controversial views mainly have the positive view, negative view and compromise view. This paper argues that, the compromise view more in line with the needs of our country’s law theory and judicial practice. The compromise view: the invitation to offer is quasi juristic act, whether it has legal effect according to the contents of invitation to offer. That is, The parties make an invitation to offer if there is fraud, and cause the other party’s legitimate rights and interests because of invitation to offer but the damage, or put forward relevant trading conditions in an invitation to offer and causes the other party to produce the reliance interest, under the situation of invitation to offer to do any modification, caused to the other party’s reliance interest damage, then the invitation to offer has legal effect. At this point, the parties shall bear the liability for contracting negligence or tort liability. In addition, the parties make an invitation to offer, and make some specific instructions and promise on invitation to offer, After the contract between the parties established, even if the specific instructions and promise on invitation to offer not to make specific provisions in the contract, it should also be considered as a part of the contents of the contract. with the same legal effect with other provisions of the contract, Then the invitation to offer also has legal effect, the parties in violation of an invitation to offer should bear the liability for breach of contract. From the point of view of the theory of law, admit that the invitation to offer has the force of law in a particular case, in line with the basic principle of jurisprudence and civil law. The invitation to offer legal effect from the principle of honesty and credit, the principles of fairness and justice, the principle of autonomy and the law principle of efficiency. Looking from the judicial practice, Admit that the invitation to offer has the force of law in a particular case, The validity of invitation to offer may exist in three forms, That is, the liability for breach of contract, contracting fault liability and tort liability,The law makes clear provisions on them, there will be beneficial to transaction security, protect the lawful rights and interests of the parties, to improve the efficiency of the transaction.