If the employer decides to hire and you don't go, it's a breach of contract. But the employer will basically not sue you. It may be more about cost and reputation.

The concepts of offer and acceptance are foreign. Before the formulation of China's contract law, neither the general principles of civil law nor the three major contract laws (including economic contract law, foreign-related economic contract law and technical contract law) introduced it into the system design of the contract conclusion process. 1The concepts of "offer" and "acceptance" appeared for the first time in the Contract Law promulgated on March 5, 999, and their contents focused on 22 articles from Article 13 to Article 34 of the Contract Law. These provisions make detailed provisions on the definition of offer and acceptance, the elements of establishment, legal effect, methods, time limit, withdrawal, cancellation and invitation to offer. Although "offer" and "acceptance" are foreign products, and as a system design in contract law, they were introduced into China's contract law at the end of the 20th century. However, the theoretical research on offer and acceptance in China's academic circles started a long time ago, and has been relatively mature, with few theoretical differences. This also laid a good foundation for the formulation of the Contract Law.

A contract is a typical act of expression of will, and it should be expressed through certain ways and means, so that all parties to the contract can clearly understand each other's meaning, so as to reach the final agreement of expression of will. Therefore, Article 13 of the Contract Law stipulates this way of concluding a contract; "The parties conclude a contract in the form of offer and acceptance." This is the first time that the concepts of offer and acceptance appear in Chinese legal provisions.

Next, the definition of offer in contract law is: "An offer is an expression of intention to conclude a contract with others", which is basically consistent with the definition of many scholars. Shi Shangkuan thinks; "An offer is expressed through the clear purpose of a contract." Influenced by the legislative technology of civil law system, Soviet civil law scholars also think that an offer is a suggestion to conclude a contract. Tong Rou, a Chinese scholar, thinks: "An offer is an expression of intention that one party puts forward the terms of the contract to the other party and hopes that the other party will accept it." Mr. Liang Huixing thinks: "An offer is an expression of intention expressed by one party to the other party in order to conclude a contract." In contrast, the contract law theory of common law countries regards an offer as a promise made by the parties. Atia, a British jurist, said: "An offer is actually a promise of what the offeror will or will not do." Obviously, the different understanding of the offer reflects the different ways of the development of contract law in the two legal systems, but in essence it reflects that the offer has two most essential contents: the willingness to conclude a contract, its actual expression and the conditions for concluding a contract. Therefore, in business activities and foreign trade, an offer is also called an offer, an offer or an offer. (2) It can be seen that the definition of an offer contains two basic meanings. One is that an offer is a will, and the other is that the expression of this will expresses the hope to conclude a contract with others, or that concluding a contract with others is the fundamental purpose. The person who makes an offer is called the offeror, and the person who accepts the offer is called the offeree.

As the first link in concluding a contract and as a kind of expression of will, an offer must have certain conditions to produce specific legal effects. In this regard, Article 14 of China's Contract Law stipulates: "The expression of will shall meet the following requirements: (1) The content shall be specifically determined; (2) The offeror is bound by the expression of will by indicating that he has accepted the offer. " The so-called "specific content" means that the content of its offer should include the basic terms of the contract. Including the subject matter, quantity, price, mode of performance, time limit, etc. This is an important difference between an offer and an invitation to offer. Invitation to offer (or invitation to offer) is an expression of intention to expect others to make an offer to themselves. The invitation to offer does not need to have specific and clear contract contents. More importantly, the second condition stipulated in the contract law is that the offeror is bound by the expression of will, and the invitation to offer has no such binding force. This is a more important difference between an offer and an invitation to offer. These are the two elements of an offer stipulated in the contract law in the form of legal provisions. However, in theory, there are different views on the elements of an offer.

Some scholars believe that the study of the constitutive requirements of an offer should be based on two basic principles: one is to make the constitutive requirements of an offer meet the minimum requirements for the establishment of a contract; Second, the degree of leniency and strictness of this requirement is properly grasped. Based on these two principles, he believes that an offer should have five elements: (1) An offer must be a manifestation of will made by a specific contract party. (2) An offer must have the subjective purpose of concluding a contract. (3) An offer must indicate the intention to be bound by it once it is accepted. (4) The contents of the offer must have the main conditions sufficient for the contract to be established. (5) An offer must be made to the counterpart with whom the offeror wishes to conclude a contract. A valid offer must meet these five conditions at the same time. (3) Sui believes that an offer must have three elements: (1) An offer is a manifestation of the intention of a specific party to conclude a contract; (2) The offer should contain the intention to be bound by it when accepting; (3) The contents of the offer should be determined to establish the creditor-debtor relationship between the parties. (4) No matter the five elements or the three elements, their contents are similar, including the person (the offeror and the offeree), the purpose of concluding the contract, the expression of will to be bound by it, and the specific contents. Even article 14 of the United nations convention on contracts for the international sale of goods contains the above factors. 5. Although scholars hold different views on whether the offeror must be a specific person or an unspecified person, at present, there is a tendentious view that both the specific person and the unspecified person should be included, such as roadside vending machines and reward advertisements, which belong to making an offer to an unspecified person. [6] China's contract law also holds the same view. ⑺

When an offer is declared after it has the necessary constitutive requirements, it will have corresponding legal effect. However, when does the legal effect of an offer occur? What is the legal effect of an offer? This is a question that needs further clarification.

The first paragraph of Article 16 of China's Contract Law stipulates: "An offer takes effect when it reaches the offeree." It can be seen that the contract law of our country adopts the principle of accessibility, that is, the so-called trustworthiness, within the effective time of an offer. The so-called offer reaching the offeree does not require that it must be delivered to the offeror or his agent. It is generally understood that an offer reaches the offeree as long as it reaches a place that the offeree can control and should be able to understand, such as the address and email address of the offeree. In order to adapt to the development of communication technology, the second paragraph of Article 16 of the Contract Law specifically stipulates the arrival of an offer to conclude a contract in the form of data messages.

When an offer reaches the hands of the offeree, it has legal effect, also known as binding force. This binding force is mainly aimed at the offeror. Article 14 (2) of the Contract Law: "When the offeror expresses his acceptance of an offer, he is bound by the expression of will." Obviously, this binding force is specifically aimed at the offeror, and it is also one of the constituent elements of an offer, which is the essential difference between an offer and an invitation to offer. Because the content of the offer clearly and specifically includes the necessary conditions for the establishment of the contract, as long as the offeree promises, it is considered that both parties agree that the contract will have legal consequences after it is established. Therefore, once an offer becomes effective, the offeror is bound by the offer and may not revoke, cancel or restrict, change or expand the offer. The purpose of giving the offeror this obligation by law is to protect the interests of the offeree and maintain the safety of normal transactions. This is the essence of the legal effect of an offer. In theory, the binding force on the offeror is called formal binding force, and some scholars think this legal term is not satisfactory. The binding force of an offer on the offeree is also called the substantive binding force of an offer. Some scholars believe that this is also the lack of words. In fact, an offer has no obligation or binding force on the offeree. After receiving the offer, the offeree may or may not make a commitment to the offer. Even if the offer is rejected, there is no obligation to inform the offeror. Unless there is a trading habit, the offeror cannot stipulate in the offer that silence constitutes acceptance. So it can be said that it is meaningless to talk about the substantive binding force of the offeree.

The binding force of an offer on the offeror is only that the offeror shall not withdraw, cancel or change the offer at will. However, this is not absolute. In order to meet the actual needs of commercial activities, the law also gives the offeror the right to withdraw and cancel the offer under certain conditions, that is, before the offeree promises. The so-called withdrawal of an offer refers to the behavior that the offeror hopes to make it lose its legal effect before it takes effect. The revocation of an offer means that the offeror loses its legal effect after the offer takes effect. ⑽ Articles 17 to 19 of China's Contract Law specifically stipulate that the notice of withdrawal of an offer shall reach the offeree before or at the same time; The notice of revocation of an offer shall reach the offeree before the offeree makes a promise. At the same time, it also stipulates two situations in which the offer is irrevocable: first, the offeror has determined the time limit for acceptance or made it clear in other forms that the offer is irrevocable; Second, the offeree has reason to think that the offer cannot be revoked and is ready to perform the contract. China's contract law in this respect is completely consistent with the United Nations Convention on Contracts for the International Sale of Goods. This is the perfect embodiment of China's legislation in line with international standards.

The concept corresponding to an offer is acceptance. Articles 2 1 to 3 1 of the Contract Law make detailed provisions on the acceptance system. According to the definition of acceptance in contract law, acceptance refers to "the expression of intention of the offeree to agree to the offer." In other words, in order to emphasize that acceptance is an unconditional acceptance of an offer, some people add the content of "all conditions" to the definition of acceptance, and its definition becomes: acceptance refers to the intention of the offeree to agree to accept all conditions of the offer to conclude a contract.