Offer is defined under sec 2(a) of Indian Contract Act, 1872 which says that ‘When one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal”. It is the first step towards an agreement a person making an offer is known as the offeror proposer.

Essentials of a valid offer

  1. Offer must be expressed or implied

That is it should be either a written or oral statement or incases of implied offer it must be inferred from the conduct of the party.

  1. Must be made with an intention to create legal relations

The agreement must be created with an intention of creating a legal obligation or with a legal object.

  1. Terms of the offer must be definite and certain

That is the agreement that is not certain or capable of being certain would be void under the act example of which is wagering or contingent contract.

  1. Offer must be specific or general

That is all the specification of a contract must be well defined while initiating an offer to avoid any further confusion.

  1. Offer must be communicated by the offeror in a prescribed mode of communication or otherwise.
  2. An offer should not contain any term the non-compliance of which amounts to acceptance.

That is it should not say it not completed under a given time that would be considered as an acceptance. Moreover, silence in that matter shouldn’t consider as yes in any case.

  1. Two identical offers do not result in a contract.
  2. A mere invitation to an offer is not an offer

For example, if you go to a restaurant to have dinner then the menu card given by the waiter/ waitress is not an offer but is considered to be a mere invitation to an offer.

Now the communication of an offer is completed when it comes to the knowledge of a proposee or offeree. We broadly classify offer into four types:

Specific offer- That is an offer made by the offeror to a specific person means A proposing a contract to B. In which the acceptance must be only communicated by B to A or in his/ her absence it must be communicated by their assigned agent.

General offer- Offer made to the public in general and no specific person under the law. So here, any person in interest can accept the offer by performance of the certain act proposed by the offeror. An example is of lost and found cases.

Cross offer- Cross offer is said to be made when two people in interest make an identical offer to each other in absence of knowledge of being made to each other. Here even if the offer is cross offer is still it is considered to be valid under the law.

Counteroffer-  After the proposal of the original offer the offeree makes a counteroffer stating a condition to that of the original offer proposed in this case the original offer comes to an end and a new offer arises out of the counteroffer.

Leave a Reply


Via keto capsules avis forum (Official France 2022) Avis et Ingrédients

Les capsules Via Keto sont fabriquées sans gluten cétones pour déplacer le changement, consommer les graisses et les tuer rapidement. Vous pouvez vous mettre en forme sans vous entraîner et avoir faim après avoir consommé cette chose régulièrement. D’une manière ou d’une autre, nous vous encourageons à vous concentrer tout seul et à rester mince et […]

Read More
quickbooks file doctor download
Articles Latest Updates LexCliq Services

A Straightforward and Practical Guide to QuickBooks File Doctor

QuickBooks is a fantastic accounting program that controls all business operations, including keeping track of costs, generating invoices, and filing taxes. All of these actions are taken to increase the productivity of the entire company. Like all software, this powerful software occasionally experiences technical issues that could reduce productivity. Therefore, QuickBooks has learned about the […]

Read More

Via Keto Capsules (Avantages et Inconvénients) Est-ce une arnaque ou une confiance?

Via Keto Capsules soulage précisément vos problèmes cardiaques et vous aimez ne pas avoir de problèmes de poids pour votre mode de vie avec une aide illimitée. Vous pouvez regarder l’arrêt de votre émission autant que vous le pouvez, car cette chose vous donne une persistance vraiment surprenante et renforce votre puissance tout en acquérant […]

Read More