Also known as: offers · offered · offering · offerings · offeror · offerors · offeree · offerees · proposal · contract proposal
Written by attorneys · grounded in primary & secondary sources — see below
A manifestation of willingness to enter into a bargain so made as to justify another person in understanding that assent to the bargain is invited and will conclude it. The manifestation must be definite enough to permit the offeree to understand that acceptance will form a contract.
Orson offers only the first twenty pages of a deposition transcript at trial. The adverse party immediately requires introduction of the remaining pages that place the offered excerpts in context. The court orders the additional pages admitted so the jury receives a fair picture of the testimony.
Olive offers testimony that the alleged victim had a violent character to support a self-defense claim. Once admitted, the prosecutor offers rebuttal evidence of the defendant's own violent trait. The court permits both offers under the rule governing character evidence in criminal cases.
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Oakley, a director of Orchard Farms, learns of a farm expansion opportunity. The articles of incorporation limit the duty to offer the opportunity to the corporation. Because the limitation was properly adopted, Oakley may pursue the opportunity without first offering it to the board.
Opal learns that a witness she called has given material false testimony. She refuses to offer additional evidence she knows is false and discloses the falsity to the tribunal as a remedial measure. The court accepts the disclosure and strikes the false testimony.
Owen mails an offer to sell land to Oscar. Before Oscar accepts, Owen sends a letter revoking the offer. Oscar receives the revocation before mailing his acceptance. The power of acceptance terminates upon receipt of the revocation.
After the government rests, Outback Mining moves for judgment of acquittal on an embezzlement count. The court finds the evidence insufficient and enters a judgment of acquittal without requiring the defendant to offer any evidence.
A valid offer is a manifestation of willingness to enter a bargain that justifies the recipient in believing assent will conclude the deal. It must be definite enough for acceptance to form a contract without further negotiation.
An offer terminates when the offeree receives a manifestation that the offeror no longer intends to be bound. Revocation is effective upon receipt, not dispatch.
Subject to Rule 412 limits, a defendant may offer evidence of an alleged victim's pertinent trait in a criminal case. Once admitted, the prosecutor may rebut with evidence of the defendant's same trait.
A lawyer must not offer evidence the lawyer knows is false. If material false evidence has already been offered, the lawyer must take reasonable remedial measures, including disclosure to the tribunal if necessary.
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