vastupakkumisest

Vastupakkumine, often translated as counter-offer, is a fundamental concept in contract law. It occurs when a party to an offer responds to that offer with terms that are different from those originally proposed. Instead of accepting the initial offer, the recipient modifies it and presents these new terms back to the original offeror. This action effectively rejects the original offer and creates a new one.

The legal consequence of a valid counter-offer is that it terminates the power of acceptance of the original offer. This means the original offeror is no longer bound by their initial proposal. They are now free to accept, reject, or even make a further counter-offer to the new proposal. The party who made the counter-offer is the one now extending the offer, and the original offeror becomes the offeree.

For a counter-offer to be legally recognized, it must differ from the original offer in a material way. Minor clarifications or inquiries about the offer typically do not constitute a counter-offer. The distinction between a counter-offer and a mere inquiry is crucial in determining whether a contract has been formed. If parties continue to exchange counter-offers, a contract is only formed when one party unequivocally accepts the terms of the last offer presented. This process is essential in negotiations, allowing parties to refine terms and reach a mutually agreeable outcome.