Meaning of offer Types of Offer Meaning and Types of Offer Essentials of a valid offer legal rules of a valid offer

1. Submitted By
Anusiya M
20BCE005

2. An offer is an expression of
willingness to contract made with
the intention that it shall become
binding on the offeror as soon as it
is accepted by the offeree.

4. A general offer is one that is made to the public
at large. It is not made any specified parties.
So any member of the public can accept the
offer and be entitled to the
rewards/consideration.Say for example you
put out a reward for solving a puzzle.

5. CASE : CARLILL v.
CARBOLIC SMOKE
BALLS CO. (1893)
This is the landmark judgment of general offer. In this case it held by the
Court of Appeal that whosoever fulfills the terms and condition of the
offer will be eligible for the reward of the offer.

6. A Specific offer is an offer that is made to a specific or
ascertained person, this type of offer can only be
accepted by the person to whom it is made.Like for
example, A offers to sell his horse to B for Rs 5000/-.
Then only B can accept such an offer because it is
specific to him.

7. A counteroffer functions as both a rejection of an offer
to enter into a contract, as well as a new offer that
materially changes the terms of the original offer.
Because a counteroffer serves as a rejection, it
completely voids the original offer. This means that the
original offer can no longer be accepted.

8. CASE : HYDE
v.WRENCH (1840)
Defendant(offeror) offered to sell his farm for £1000 but the Plaintiff(offeree)
offered him £950 and subsequently rejected the offer. So, the offeree filed the
case as the offeror was bind by the contract but it was held that as soon as
offeree put the condition the first offer becomes void which means that the
offeror is not bounded by the contract as the original offer was rejected by
the offeree.

9. A cross offer is made when two parties make the
same offer to one another without knowing the
other party has made an offer, and the terms of
both offers are identical. In this situation, there
will not be a contract because it cannot be
construed that one party's offer is accepted by
the other party.

10. CASE : TINN v.
HOFFMAN (1873)
In this case Hoffman wrote a letter to Tinn with a offer to sell 800 tons of
iron for the price of 69s per ton. On the same day without any
knowledge Tinn wrote a letter to buy the iron with the price and with
same condition as written by Hoffman. It was held by the court that it
was cross offer and no contract exist & no parties are bound by the
contract.

11. An implied offer is one that's implied rather than
overtly stated. For instance, a person who buys a
product from a seller assumes that the product
functions properly without a seller explicitly
claiming that the product works. An agreement
stems from the offer, and the offer is then
construed as the proposal.

12. An express offer is one in which proposal is made
either verbally or in writing. An offer when
assented by both parties become an agreement.
An agreement when enforceable by law/courts
becomes a contract. An implied offer on the other
hand is one in which proposal is inferred by the
actions of the parties involved.

13. A standing offer is not a contract. A standing offer
is an offer from a potential supplier to provide
goods and/or services at pre-arranged prices,
under set terms and conditions, when and if
required. It is not a contract until the
government issues a "call-up" against the
standing offer.

14. must be
communicated
~Must create legal
relationship
~Definite, unambiguous
and certain in nature
~It must distinguished from
invitation to offer
~It may be general or
specific in nature
~Offer must be made with a

15. Communication of offer is the most primary thing which is
to be done for a valid offer. The offeror must communicate
offer to the offeree. The communication can be either in
oral or written form. The offer can directly communicate to
the person specific to whom it is offered or it can be in
general in nature.

16. Must create legal
relationship
A valid offer creates a legal relationship which means
there must be an intention of the offeror to work under
legal obligation or to be legally bounded by law not
under social obligation.

17. Definite, unambiguous and
certain in nature
Offer must be certain as specified in [Section 29], it
must be unambiguous means that the thing offered
must clearly specified.

18. It must distinguished from invitation
to offer
The offer makes a person to enter into a legally binding
contract whereas invitation to offer invites the person to
enter into contract.

19. It may be general or specific in
nature
The offer can be given to public at large in general by
advertisement in newspaper etc. or it can be given specific
person too.

20. must be made with a view to
obtain the assent
The offeror must obtain consent which should be “free” in
nature as define under Section 14 as it define it should not be
taken under coercion [section 15], undue influence [Section
16], fraud [Section 17], misrepresentation [Section 18] &
Mistake [Section 20, 21 and 22].