What are some counter offer horror stories?There was a case in a business negotiation. Company A made an offer to Company B for a partnership deal. Company B counter - offered with different terms. Company A took a long time to respond, and during that time, Company B had started to rely on the potential deal and made some internal changes. Then Company A finally rejected the counter - offer, leaving Company B in a difficult position with wasted resources and a disrupted internal structure.
Why is a counter-offer a new offer?A counter-offer met the general requirements of an offer. If the offeree objected to the received offer or changed the original offer in essence, such as expanding, limiting, or changing the content of the original offer and then accepting it, it could not be regarded as a promise but a counter-offer, which was a new offer. In addition, if the offeree made a substantial change to the content of the offer, it meant that he did not agree with the offeror's offer, which would also be treated as a new offer. For example, changes to the price or payment method, the place and time of performance of non-monetary debts, the limit of one party's responsibility to the other party, or the way to resolve disputes, as well as changes to the subject matter of the contract, quantity, quality, price or remuneration, time limit for performance, place and method of performance, Changes in terms such as the responsibility for breach of contract and the method of resolving disputes are all substantial changes, thus forming a counter-offer or a new offer. A notice of acceptance sent by the promisor is also called a counter-offer if it is regarded as a new offer to the offeror. In short, a counter-offer met the characteristics of an offer in terms of its nature and its impact on the original offer, so it was considered a new offer.
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Can you share the worst counter offer horror stories you've heard?3 answers
2024-11-09 20:56
A small startup received a counter - offer from a potential investor. The startup had proposed a certain equity share in return for investment. The investor counter - offered with much harsher terms, including a much larger equity share and more control. When the startup refused, the investor spread negative rumors about the startup in the industry, which really damaged its reputation.
What is the relationship between an offer and a counter-offer?An offer is a declaration of intent to conclude a contract sent by one party to the other party, while a counter-offer is a new offer that the promisee replies to the offeror by raising objections to the received offer or changing the original offer in essence. In essence, they were a kind of relationship that was produced successively and interconnected in the process of contract negotiation. One party made an offer first, and if the other party made substantial changes to the content of the offer, it would constitute a counter-offer (new offer). The process of the offer and counter-offer was actually the negotiation process of the contract until both parties reached a consensus.
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Is a counter offer the same as a new offer? Give me an example.A counter-offer and a new offer were related to each other in terms of concept. To some extent, they could be regarded as the same.
In terms of concept, a counter-offer was an offer that the offeree objected to or essentially changed the original offer. What was issued could not be regarded as a promise but a counter-offer. This was also called a new offer. For example, in the process of signing a contract, one party proposed to sell an item at a certain price (this was an offer), and the other party replied,"I'll buy it if it's less than 10,000 yuan." This response to the key element of the price (the price in the offer) was a counter-offer. It could also be seen as issuing a new offer.
For example, if one party made an offer to enter into a service contract with specific quality standards, a specific place of performance, and a certain amount of remuneration, and the other party changed the place of performance and expressed acceptance of the offer, this was an act of accepting the original offer after changing the content of the offer. It was a counter-offer, which was equivalent to issuing a new offer.
From the perspective of regulations, if the offeree made substantial changes to the contents of the offer (changes in the subject matter of the contract, quantity, quality, price or remuneration, time limit for performance, place and method of performance, responsibility for breach of contract, and method of dispute resolution, etc.), it was a new offer. This was actually a situation of counter-offer. However, if the promise made a non-substantial change to the content of the offer, the promise would be valid unless the offeror promptly objected or the offer indicated that the promise could not make any changes to the content of the offer. This was not a case of a counter-offer or a new offer.
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