Explanation of Article 37
This article addresses the explanation of "withdrawal of the offer," which is: the termination of the offer before it is accepted. The article clarifies that the default rule regarding the offer is that it "can be withdrawn," meaning: the offeror has the right to withdraw their offer before it is accepted, except in the cases exempted by the article, which are:
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First: If the "offeror specifies a period for acceptance," meaning: the offeror sets a specific period for responding to their offer. In this case, they cannot withdraw their offer before the end of this period. For example, if a person says to another: "I am selling you this car for a week," they cannot withdraw their offer before the week ends.
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Second: If the "offer includes an indication that it cannot be withdrawn," meaning: there is a provision in the offer indicating that it cannot be withdrawn. For example, if a person says to another: "This offer cannot be withdrawn," they cannot withdraw their offer.
It is worth noting that this ruling applies to all types of offers, whether explicit or implicit, written or verbal, whether made in the presence of the contract or through a message, or by modern means of communication, and whether directed to a specific person or to the public.
The withdrawal of the offer results in the termination of the offer, so it does not produce any legal effect.
As for the "lapse of the offer," which is: the termination of the offer before it is accepted, it will be discussed in detail in Article (38).
Related To
Article 37
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The silence of an offeree shall not be deemed an acceptance, unless an agreement or presumptive evidence indicating acceptance exists.
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Silence shall be deemed an acceptance if the contracting parties had a prior dealing and the offer relates to such dealing, or if the offer is for the sole benefit of the offeree.