Legal Definitions - pollicitation

Pollicitation refers to an offer or a declaration of intent to make a promise, which has not yet been accepted by the person to whom it is directed. It is a proposed promise that stands alone, without the mutual agreement needed to form a binding contract. In essence, it's a statement of what someone is willing to do, but it hasn't yet been formalized into an agreement.

• Example 1: Public Reward Offer

  A neighborhood association posts flyers stating, "We promise a $500 reward to anyone who provides information leading to the arrest and conviction of the person responsible for the recent vandalism in the park." This public declaration is a pollicitation. It is an offer of a promise (the reward) made to anyone who meets the specified conditions. However, it does not become a binding promise or a contract until an individual actually comes forward with the qualifying information, thereby accepting the offer through their action. Until that acceptance occurs, it remains a unilateral offer of a promise.

• Example 2: Casual Personal Offer

  During a family dinner, Aunt Carol says to her niece, Emily, "I promise to buy you a new laptop for college if you get straight A's this semester." Emily smiles and says, "That would be amazing!" Aunt Carol's statement is a pollicitation. She has offered a promise to buy a laptop. However, because Emily has not explicitly accepted the offer in a way that creates a mutual agreement (she merely expressed enthusiasm), no binding contract has yet been formed. It remains an unaccepted offer of a promise.

• Example 3: Business Proposal Term

  A construction company submits a bid to a client for a new office building, including a clause that states, "We promise to complete the project within 18 months of groundbreaking, provided all permits are secured on schedule." The client is still reviewing multiple bids and has not yet responded. This specific clause, containing the promise of an 18-month completion, is a pollicitation. It's an offer of a promise made by the construction company within their proposal. Until the client formally accepts the entire bid, including this specific term, that promise remains an unaccepted offer and not a binding contractual obligation.