In contract law, what is the term for the party who makes an offer?

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In contract law, the party who makes an offer is called the offeror.

An offeror proposes definite terms and indicates a willingness to be legally bound if the other party accepts. The person receiving the proposal is the offeree, who generally holds the power of acceptance. A valid offer is more than an invitation to negotiate: it normally must be communicated, show present intent to contract, and contain sufficiently definite terms.

The roles can change during negotiations. If the offeree rejects the original proposal and makes a counteroffer, that person becomes the new offeror for the counteroffer. “Promisor” and “promisee” are broader terms describing parties who make or receive promises, while “offeror” and “offeree” specifically describe the offer stage.

An offer does not automatically create a contract. Acceptance, consideration, capacity, legality, and other requirements must also be satisfied. Advertisements and catalog listings are often invitations to make offers rather than offers themselves, unless their wording is unusually specific and leaves little discretion.

Source: Wikipedia · fact-checked Sept. 2026

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