avtalsingång

Avtalsingång refers to the process by which parties enter into a legally binding agreement. In Swedish law, as in many other jurisdictions, the formation of a contract generally requires a valid offer and a corresponding acceptance. The offer must be clear and definite, indicating the terms upon which the offeror is willing to be bound. The acceptance must mirror the offer, meaning it should not introduce new terms or conditions, as this would constitute a counter-offer.

The intention of the parties to create legal relations is crucial. This means that both parties must intend for their agreement to have legal consequences. Social arrangements or casual promises typically lack this intent and are therefore not considered legally enforceable contracts.

Avtalsingång can occur in various ways. It can be express, where the terms are clearly stated either orally or in writing. It can also be implied by conduct, where the actions of the parties demonstrate their agreement to a particular set of terms. For example, if a customer takes an item from a shelf and proceeds to the checkout, their conduct implies an acceptance of the seller's offer to sell the item at the stated price.

The timing of the acceptance is also important. An acceptance must be communicated to the offeror within the specified time frame, or a reasonable time if no time is stated. An offer that is not accepted within this period generally lapses. The principle of pacta sunt servanda, meaning agreements must be kept, is fundamental once a valid avtalsingång has been achieved.