Legal Definitions - proferens

Definition: Proferens (proh-fer-enz) is a Latin term used in contract law to refer to the party that proposes a contract or a condition in a contract. The plural form of proferens is proferentes (proh-fə-ren-teez).

• When a company offers a job to a candidate, the company is the proferens because they are proposing the terms of the employment contract.
• In a real estatetransaction, the seller is the proferens because they are proposing the terms of the sale.

These examples illustrate the definition of proferens because in both cases, one party is proposing the terms of a contract while the other party is considering whether or not to accept those terms. The proferens has the power to set the terms of the contract, but the other party has the power to accept or reject those terms.