合同要约 Contract offer

构成有效合同的三个一般要素，包括要约、承诺、对价。要约是行为人欲与他人缔约的意思表示，其主要条款须明确、肯定，并应传达至他人，然后他人才取得承诺的资格，有权利或法定之强制性权利对要约进行承诺并设立有拘束力之合同。

Offer and acceptance are generally recognised as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation, unjust enrichment, and power of acceptance. Treitel defines an offer as “an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed”, the “offeree”. An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree. 相关例句如下，可供参考：

例句1

The expression of an offer may take different forms and which form is acceptable varies by jurisdiction. Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long as it communicates the basis on which the offeror is prepared to contract. Whether the two parties have reached agreement on the terms or whether a valid offer has been made is an issue which is determined by the applicable law.

要约的表示可以采取不同的形式，可接受的形式因法域而异。要约可以通过信函、报纸广告、传真、电子邮件、口头甚至行为等方式提出，只要它传达了要约人准备订立合同的基础。双方是否已就条款达成协议或是否已提出有效要约是一个由适用法律确定的问题。

例句2

An offer can only be the basis of a binding contract if it contains the key terms of the contract. For example, as a minimum requirement for sale of goods contracts, a valid offer must include at least the following 4 terms: Delivery date, price, terms of payment that includes the date of payment and detail description of the item on offer including a fair description of the condition or type of service.

要约只有包含合同的关键条款，才能成为具有约束力的合同的基础。例如，作为销售商品合同的最低要求，有效要约必须至少包括以下4个条款:交付日期、价格、包括支付日期的支付条款以及要约中项目的详细描述（包括条件或服务类型的客观描述）。