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Offer & Acceptance
Sec. 3 to 9 of ICA,1872
Essential requirements of a valid
offer:
 Offer must be made with a view to obtain
acceptance.
 Offer must be made with the intention to
create legal relations.
 Terms of offer must be definite,unambiguous
& certain or capable of being made
certain.The term of offer must not be
loose,vague or ambiguous.10,11
 Offer must be distinguished from:(a) a
mere declaration of intention or (b) an
invitation to offer.12,13
 The offer must be communicated to
offeree.14
 The offer must not contain a term the
non-compliance of which may be
assumed to amount to acceptance.14
 A tender is an offer as it is in response
to an invitation to offer. (a)Specific15 or
definite (b)Standing16
 Special terms in offer must be duly
brought to the notice of the offeree at
the time the offer is made.17
 Two identical cross-offers do not make
a contract.18
X
Y
X
Y
Cross Offer
Termination or Lapse of Offer:
 The offer lapses after stipulated or
reasonable time.19
 An offer lapses by the death or insanity
of the offeror or offeree.
 An offer terminates when rejected by
the offeree.
 An offer terminates when revoked by
the offeror before acceptance.
 An offer terminates by not being
accepted in the mode prescribed or if
no mode is prescribed in some usual &
reasonable manner.
 A conditional offer terminates when
conditions is not accepted by the
offeree.20
 It terminates by counter offer by the
offeree.
Acceptance
Acceptance how made:
Offeree
Acceptance
Assent to proposal
Assent
Expressed Implied
writing Word of mouth
By performance of some
Required act.1
Surrounding circumstances
Or the conduct of the parties.2
WHO CAN ACCEPT?
Essentials of a valid Acceptance:
 Acceptance must be Absolute &
Unqualified4
 Acceptance must be communicated to
the offeror5( the acceptance of an offer
can not implied from the silence of the
offeree or his failure to answer)6
 Acceptance must be according to the
mode prescribed7
Agreement to agree in future.8
 It must be given within the time
specified or within reasonable time
 It must be in response to offer
 It must be made before the offer lapses
 It must be given by the person to whom
the offer is made
Communication of offer & acceptance
Revocation of offer & acceptance
Communication Of Offer & Acceptance:
 Sec.4: The comm. Of a proposal is complete when it
comes to the knowledge of the person to whom it is
made. E.g.
 The comm. Of acceptance is complete:
 1. as against the proposer, when it is put into a
course of transmission to him, so as to be out of the
power of the acceptor
 2. As against the acceptor, when it comes to
the knowledge of the proposer (ex.)
 The comm. Of a revocation(of an offer or
an acceptance) is complete:
 1.as against the person who makes it, when it
is put into a course of transmission to the
person to whom it is made, so as to be out of
the power of the person who makes it.
 2.as against the person to whom it is
made when it comes to his knowledge.
Revocation of Proposal & Acceptance:
 Sec 5 provides that a proposal may be
revoked at any time before the comm. Of its
acceptance is complete as against the
proposer, but not afterwards.
 Also an acceptance may be revoked at any
tome before the comm. Of the acceptance is
complete as against the acceptor, but not
afterwards.
CARBOLIC SMOKE BALL

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Essential Requirements of a Valid Offer & Acceptance

  • 1. Offer & Acceptance Sec. 3 to 9 of ICA,1872
  • 2.
  • 3. Essential requirements of a valid offer:  Offer must be made with a view to obtain acceptance.  Offer must be made with the intention to create legal relations.  Terms of offer must be definite,unambiguous & certain or capable of being made certain.The term of offer must not be loose,vague or ambiguous.10,11
  • 4.  Offer must be distinguished from:(a) a mere declaration of intention or (b) an invitation to offer.12,13  The offer must be communicated to offeree.14  The offer must not contain a term the non-compliance of which may be assumed to amount to acceptance.14
  • 5.  A tender is an offer as it is in response to an invitation to offer. (a)Specific15 or definite (b)Standing16  Special terms in offer must be duly brought to the notice of the offeree at the time the offer is made.17  Two identical cross-offers do not make a contract.18
  • 7. Termination or Lapse of Offer:  The offer lapses after stipulated or reasonable time.19  An offer lapses by the death or insanity of the offeror or offeree.  An offer terminates when rejected by the offeree.  An offer terminates when revoked by the offeror before acceptance.
  • 8.  An offer terminates by not being accepted in the mode prescribed or if no mode is prescribed in some usual & reasonable manner.  A conditional offer terminates when conditions is not accepted by the offeree.20  It terminates by counter offer by the offeree.
  • 10. Assent Expressed Implied writing Word of mouth By performance of some Required act.1 Surrounding circumstances Or the conduct of the parties.2
  • 12. Essentials of a valid Acceptance:  Acceptance must be Absolute & Unqualified4  Acceptance must be communicated to the offeror5( the acceptance of an offer can not implied from the silence of the offeree or his failure to answer)6  Acceptance must be according to the mode prescribed7
  • 13. Agreement to agree in future.8  It must be given within the time specified or within reasonable time  It must be in response to offer  It must be made before the offer lapses  It must be given by the person to whom the offer is made Communication of offer & acceptance Revocation of offer & acceptance
  • 14. Communication Of Offer & Acceptance:  Sec.4: The comm. Of a proposal is complete when it comes to the knowledge of the person to whom it is made. E.g.  The comm. Of acceptance is complete:  1. as against the proposer, when it is put into a course of transmission to him, so as to be out of the power of the acceptor
  • 15.  2. As against the acceptor, when it comes to the knowledge of the proposer (ex.)  The comm. Of a revocation(of an offer or an acceptance) is complete:  1.as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it.
  • 16.  2.as against the person to whom it is made when it comes to his knowledge.
  • 17. Revocation of Proposal & Acceptance:  Sec 5 provides that a proposal may be revoked at any time before the comm. Of its acceptance is complete as against the proposer, but not afterwards.  Also an acceptance may be revoked at any tome before the comm. Of the acceptance is complete as against the acceptor, but not afterwards.