Contract law. Public promise of reward (most important)

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Contract law. Public promise of reward (most important)

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70. PUBLIC PROMISE OF REWARD

Public promise of reward - a public announcement of the payment of a monetary reward or the issuance of another reward to the one who performs the lawful action specified in the announcement within the period specified in it, is obliged to pay the promised reward to anyone who performed the corresponding action.

The public promise of a reward is one-sided deal. The promise of reward is made in writing in the form of a notice in the local press, on billboards, or as a regular street notice with the address and telephone number of the person making the statement. Perhaps the promise of an award on television and radio.

oral form a public promise of a reward can also be considered legally binding. The promise of a reward is subject to the rule of paragraph 1 of Art. 159 of the Civil Code of the Russian Federation, which allows an oral transaction in the absence of other instructions in the law, with an oral promise of an award and a dispute arises, it is possible to use all evidence, including witness testimony.

The subject of the public promise of the reward - payment of monetary or other remuneration for the performance of a publicly announced action, in particular, the discovery of a thing or the communication of information, as well as other actions (inaction).

The person who performed the necessary action and those claiming to receive a reward should be considered the one who first brings information about him to the one who announced the reward, even if there were other persons who received the necessary information earlier, but were late in reporting them. If it is impossible to determine the primacy, the award is divided among the persons claiming to receive it in equal shares.

To the person who responded to such a promise and fulfilled it, remuneration must be paidspecified in the public promise of the award. The award is possible in any form: a sum of money, a ticket to a concert of the artist who announced the award, the provision of a counter service. The obligation to pay the reward arises whether or not the relevant action is taken in connection with the announcement made.

If the amount and form of remuneration are not indicated in the announcement, they are determined by the parties themselves, and in case of a dispute - by the court. The guideline should be a rule similar to the find rule: the reward is up to 20% of the value of the item.

Cancellation of a public promise is not possible in three cases:

1) the impermissibility of refusal follows directly or indirectly from the promise;

2) within the period specified for the performance of the action to be rewarded;

3) by the time the promise is cancelled, the rewarded action has already been performed, even if the person who announced the reward is not aware of this.

Author: Rezepova V.E.

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