Legal Question in Business Law in California

Unsigned offer

Is an offer typed on business letterhead binding if it's NOT signed by the person making the offer?

What if the person making the above offer makes the same unsigned offer to someone else?

All previous communications from this person have been signed.

Thank you.


Asked on 6/10/02, 11:45 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Unsigned offer

There are cases holding that a firm can make a binding offer by typing it on its letterhead, or by other means without signature. Whether a particular writing amounts to an offer is often more a question of facts and circumstances. If under the facts and circumstances a party receiving the 'offer' could reasonably suppose that the maker intended to be bound upon an acceptance, the lack of a signature is not so important. In fact, many offers are made without signatures in the ordinary course of many businesses.

However, note that printed matter that looks like it is for mass distribution (catalogs, flyers, announcements, etc.) are almost always held to be mere solicitations of interest and not binding offers.

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Answered on 6/11/02, 12:18 am


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