This case has been cited 2 times or more.
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2004-10-20 |
TINGA, J, |
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| A negotiation is formally initiated by an offer. A perfected promise merely tends to insure and pave the way for the celebration of a future contract. An imperfect promise (policitacion), on the other hand, is a mere unaccepted offer.[38] Public advertisements or solicitations and the like are ordinarily construed as mere invitations to make offers or only as proposals. At any time prior to the perfection of the contract, either negotiating party may stop the negotiation.[39] The offer, at this stage, may be withdrawn; the withdrawal is effective immediately after its manifestation, such as by its mailing and not necessarily when the offeree learns of the withdrawal.[40] | |||||
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2004-02-05 |
PANGANIBAN, J. |
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| In effect, the rule on the concurrence of the offer and its acceptance[54] did not apply, because other matters or details in addition to the subject matter and the consideration would still be stipulated and agreed upon by the parties.[55] While there was an initial offer made, there was no acceptance; but when there allegedly came an acceptance that could have had a binding effect, the offer was already lacking. The offer and its acceptance "did not meet to give birth to a contract."[56] | |||||