Offer

An offer is a declaration or conduct showing a willingness to conclude a contract on identifiable essential terms if the other party accepts. Under Swiss contract law, the focus is on the objective meaning of the parties’ declarations and conduct, interpreted in good faith. An offer must be distinguished from an invitation to negotiate, advertising or a mere price indication, which usually lacks intent to be bound immediately. The offer may set a time limit, be revocable or irrevocable depending on circumstances, and may lapse if rejected or not accepted in time. In international contracts, the classification matters for determining when obligations arise and whether later communications are counter-offers rather than acceptances.