Comment by teddyh
1 day ago
Maybe it’s not technically “breach of contract”, and an offer might or might not be a contract. But if you don’t honor an offer you made, you must surely be guilty of something. Otherwise, all offers would be meaningless and worth nothing.
> you must surely be guilty of something. Otherwise, all offers would be meaningless and worth nothing.
You don't have to be "guilty" of anything to be liable in civil law (which contract law is a part of). "Guilt" is a concept from criminal law. It isn't required for contracts to be enforceable.
In general (there are exceptions) offers alone aren't enforceable and don't result in a contract. You need other elements (agreement by the parties, plus something done in return for what's offered) for a contract to be formed - and then it's enforceable.
I don't think you're guilty of anything for failing to honour an offer in most cases.
An offer is legally binding in that when someone acts based on that offer you can be liable for damages.
This does not force you to honor the original offer though.
Such offer is as legally binding as any tender. Of course a contract dispute could go either way.