Why is a bounty ad a unilateral promise and not an offer? Is there any difference between the two?

1. Unilateral promise refers to the expression of intention made by the expressor to the counterparty to set up certain obligations for himself and enable the counterparty to obtain certain rights. It is a unilateral expression of the intention of the expressor, and the content of the unilateral promise is to set a certain obligation for oneself and enable the counterpart to obtain a certain right. Unilateral promises are generally made to unspecified persons in the community.

The main types of unilateral promises are bounty advertisements, lucky prizes and bequests.

Once a civil entity expresses its intention to make a promise, it shall abide by its credit, consciously be bound by it, and shall not be allowed to withdraw the promise at will, and shall bear the responsibility for compensation for damages if the withdrawal of the promise causes harm to others.

There are no specific provisions on unilateral promises in the General Principles of the Civil Law of China, but disputes arising from unilateral promises have arisen in judicial practice, and typical cases of unilateral promise disputes have also been listed in the Gazette of the Supreme People's Court.

2. An offer is an expression of intent issued by one party to the other party that it wishes to enter into a contract with the other party. Article 16 of the Contract Law stipulates that "an offer shall take effect when it reaches the offeree. ”

According to Article 3 of the Judicial Interpretation II of the Contract Law, where the rewarder publicly declares that it will pay remuneration to the person who has completed a certain act, and the person who has completed the specific act requests the rewarder to pay remuneration, the people's court shall support it in accordance with law. However, the reward is subject to the circumstances provided for in Article 52 of the Contract Law.

According to the methods established by judicial interpretations and judicial practice, the unilateral promise of a reward advertisement does not necessarily reach the person who has completed a specific act. Therefore, if it is determined to be an offer, the judicial interpretation will not make sense.

A bounty advertisement is an advertisement that publicly expresses the intention to reward a person who completes a certain act. Therefore, the advertiser has the obligation to pay the person who completes the act.

There are two main meanings of bounty advertising: one refers to the expression of the intention of the bounty advertisement, that is, the externalization of the intention of the bounty advertiser; The other refers to the legal act established by combining the expression of intent with the completion of the specified act, that is, the expression of intent of the reward advertiser to give remuneration to the person who completes a certain act by means of advertising, and based on this expression of intent, the rewarder has the obligation to pay remuneration to the person who completes the designated act.

The decision of the bounty advertisement is only in the hands of the advertising company, and the offeree can only passively wait for the decision of the advertising company. The offer is equivalent to a contract, which is to determine and protect the rights and interests of both parties, and it is more fair.

1. Reward advertisements should be an offer, and reward advertisements are legally binding, and reward advertisements refer to the expression of intention to publicly express remuneration to those who have completed certain acts in the form of advertisements. If the actor completes the work as specified in the advertisement, he has the right to request remuneration from the advertiser.

Since bounty advertising is a conditional legal act, its establishment must meet certain conditions. Specifically, it includes:

1. It is necessary to follow the method of advertising, and the unspecified person shall be the expression of intent;

2. The advertisement must indicate that a certain remuneration will be paid to the counterpart who has completed a certain act;

3. Certain behaviors must be completed. This is a prerequisite for the advertiser to bear the obligation to pay remuneration.

As soon as the bounty advertisement is published, it creates a debt relationship, regardless of the age of the performer or whether or not he was aware of it at the time of the performance of the obligation. If the person who completes the specified act is the creditor, then the person who publishes the reward advertisement is the debtor, so the agreed remuneration should be paid to the performer. Bounty advertisements are offers, while ordinary advertisements are invitations to offer.

What do I need to pay attention to when posting bounty ads?

Bounty advertising is a special form of advertising that is different from general advertising. It is an act of expression of the advertiser's intention to declare in the form of an advertisement that it will give the remuneration agreed in the advertisement to any person who completes the act specified in the reward advertisement. As for the nature of bounty advertisements, most opinions in China's theory and judicial practice regard bounty advertisements as offers.

To sum up, as long as someone completes the agreed act, the contract will be established, and the advertiser shall pay remuneration according to the advertisement, otherwise it shall bear the liability for breach of contract and corresponding liability, so the reward advertisement is an offer and is legally binding.

Legal basis: Article 471 of the Civil Code.

When a party concludes a contract, it may take the form of an offer, an acceptance or other means.

Article 472 of the Civil Code.

An offer is an expression of intent to enter into a contract with another person, and the expression of intent should meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

Article 499 of the Civil Code.

If the person offering the reward publicly declares that it will pay the person who completes the specific act, the person who completes the act may request payment.

In general, a bounty advertisement is an offer. According to Article 471 of the Civil Code, the parties may conclude a contract by way of offer, acceptance or other means. Article 472 stipulates that an offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:

1) The content is specifically determined; 2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it. Article 499 stipulates that if the person offering a reward publicly declares that it will pay the person who has completed a specific act, the person who has completed the act may request payment from him.

Article 471 of the Civil Code provides that when a party concludes a contract, it may adopt the form of offer, acceptance or other means. Article 472 of the Civil Code provides that an offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions: (1) The content is specific and accurate; 2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it.

Article 499 of the Civil Code If the rewarder publicly declares that he will pay a reward to the person who completes a specific act, the chachun person of the Ranqing clan who completes the act may request payment.

In general, a bounty advertisement is an offer.

The conditions that must be met for the establishment of a bounty advertisement are as follows:

1. It is necessary to express the intention of unspecified people according to the method of advertising;

2. The advertisement must indicate that a certain remuneration will be paid to the counterpart who has completed a certain act;

3. Certain behaviors must be completed.

Bounty advertisements have two main meanings, as follows:

1. It refers to the expression of the intention of the reward advertisement, that is, the externalization of the intention of the reward advertiser;

2. A legal act established in conjunction with the completion of a designated act, that is, an expression of intent by the person offering the advertiser to give remuneration to the person who completes a certain act by means of an advertisement, and based on this expression of intent, the rewarder has the obligation to pay remuneration to the person who completes the designated act.

Civil Code of the People's Republic of China

Article 472:An offer is an expression of intent to conclude a contract with another person, and the expression of intent shall meet the following conditions:

1) The content is specifically determined;

2) Indicate that the offeror is bound by the expression of intent if it undertakes to accept it. Article 473: An invitation to make an offer is an expression of the desire for others to make an offer to oneself. Auction announcements, tender announcements, prospectuses, bond offering measures, prospectuses, commercial advertisements and publicity, and price lists sent are invitations to offer.

Where the content of commercial advertisements and promotions meets the conditions for an offer, it constitutes an offer. Article 478: The offer shall be invalid under any of the following circumstances:

a) the offer is rejected;

b) the offer is revoked in accordance with the law;

3) The offeree has not made a commitment upon the expiration of the commitment period;

4) The offeree makes substantial changes to the content of the offer. Article 482: Where an offer is made by letter or telegram, the duration of the offer shall commence from the date specified in the letter or the date of delivery of the telegram. If the letter is not dated, it shall be counted from the date of posting of the letter.

If the offer is made by means of rapid communication such as **, fax, e-mail, etc., the commitment period shall be calculated from the time when the offer reaches the offeree.