LAW QUOTES

POLLICITATION

A contract includes a concurrence of intention in two parties, one of whom promises something to the other, who on his part accepts such promise. A pollicitation is a promise not yet accepted by the person to whom it is made. Pollicitatio est solius offerentis promissum. A pollicitation, according to the rules of mere natural law, does not produce what can be properly called an obligation; and the person who has made the promise may retract it at any time before it is accepted, for there cannot be, any obligation, without a right being acquired by the person in whose favour it is contracted against the party hound. Now, as I cannot, by the mere act of my own mind, transfer to another a right in my goods, without a concurrent intention on his part to accept them, neither can I by my promise confer a right against my person, until the person to whom the promise is made has, by his acceptance of it, concurred in the intention of acquiring such right;…

A Treatise on the Law of Obligations or Contracts, M. Pothier, 1806. Part 1., Ch. 1., s.1, article 2.