Unilateral Contracts
A unilateral contract is a type of contract where only one party makes a promise or undertakes an obligation, while the other party is not required to make any promise or take any action. Typically, a unilateral contract is formed when one party makes an offer, and the contract becomes effective only when the other party performs a specific act. For example, a reward advertisement is a unilateral contract: the advertiser promises to pay a reward, and the contract becomes effective when someone performs the specified act, such as finding a lost pet. The key aspect of a unilateral contract is that the obligation is only triggered upon the completion of the specified act.
Definition: A unilateral contract is a type of contract in which only one party makes a promise to perform a certain obligation, while the other party does not need to make any promises or actions. Typically, a unilateral contract is formed when one party makes an offer, and the contract becomes effective once the other party completes a specific action. For example, a reward advertisement is a type of unilateral contract: the advertiser promises to pay a reward, and the contract becomes effective once anyone completes the specified action in the advertisement (such as finding a lost pet). The key to a unilateral contract is that the contractual obligation only becomes effective when the specified action is completed.
Origin: The concept of a unilateral contract can be traced back to Roman law, where similar forms of contracts existed. Over time, unilateral contracts evolved and were refined in various legal systems, becoming an important part of modern contract law. The 19th century saw the systematization and standardization of unilateral contract theory and practice in common law jurisdictions, leading to their widespread application in commercial and civil law.
Categories and Characteristics: Unilateral contracts can be categorized into the following types:
- Reward Contracts: For example, reward advertisements where the advertiser promises to pay a reward, and the contract becomes effective once anyone completes the specified action.
- Gift Contracts: One party promises to give property without compensation, and the recipient does not need to make any promises.
- Insurance Contracts: The policyholder pays a premium, and the insurance company promises to pay compensation upon the occurrence of a specified event.
- Only one party bears the obligation, while the other party does not need to make any promises.
- The effectiveness of the contract depends on the completion of a specific action.
- They usually offer high flexibility and simplicity.
Specific Cases:
- Case 1: A company publishes a reward advertisement, promising to pay 1000 yuan to anyone who finds the company's lost documents. Zhang San sees the advertisement, finds the documents, and returns them to the company, which then pays the 1000 yuan reward. At this point, the unilateral contract becomes effective.
- Case 2: Li Si decides to give an old car to his friend Wang Wu. Li Si signs a gift contract and hands over the car to Wang Wu. Wang Wu does not need to make any promises, and the contract becomes effective.
Common Questions:
- Question 1: Does a unilateral contract require signatures from both parties?
Answer: No, a unilateral contract only requires one party to make an offer, and the contract becomes effective once the other party completes the specified action. - Question 2: Is a unilateral contract valid if the specified action is not completed?
Answer: No, the effectiveness of a unilateral contract depends on the completion of the specified action.
