The document discusses the key concepts of offer and acceptance in contract law. It defines an offer as a proposal made by one party to another to enter into a legally binding agreement. For a valid offer, the terms must be definite, unambiguous and certain. An offer becomes a promise once it is accepted by the offeree. Acceptance must be absolute and unconditional, communicated to the offeror according to the prescribed mode, and given within a reasonable time period. An offer lapses if it is revoked by the offeror before acceptance, or under other conditions such as the death of the offeror. Communication of offer, acceptance and revocation is also explained.
2. OFFER
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AN OFFER IS A PROPOSAL BY ONE PARTY TO
ANOTHER TO ENTER INTO A LEGALLY BINDING
AGREEMENT WITH HIM.
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
3. OFFER
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When the person to whom the proposal is made,
signifies his assent thereto, the proposal is said to be
accepted. A proposal, when accepted, becomes a
promise.
The person making the proposal/offer is called the
"promisor“, proposer, offeror, and the person to
whom it is made is called the offeree or proposee.
The person accepting the proposal is called
"promisee“ or acceptor.
4. OFFER
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May be by express words, spoken or written.
Express offer.
May also be implied from the conduct of the
parties or the circumstances of the case.
Implied offer.
When made to a definite person – specific
offer. Only that person can accept.
When made to the world at large – general
offer. Any person/s may accept.
5. RULES IN REGARD TO OFFER
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SHOULD BE CAPABLE OF BEING ACCEPTED
TERMS MUST BE DEFINITE, UNAMBIGUOUS (HAVING ONLY
ONE MEANING) AND CERTAIN AND NOT LOOSE AND VAGUE
(NOT CERTAIN OR DEFINITE).
IS NOT
A DECLARATION OF INTENTION AND AN ANNOUNCEMENT
AN INVITATION TO MAKE AN OFFER OR DO BUSINESS
NEWS PAPER ADVERTISEMENTS
STATEMENT OF PRICE
TENDERS
MUST BE COMMUNICATED
MUST BE MADE WITH AN INTERNTION OF OBTAINING THE
ASSENT
SHOULD NOT CONTAIN A TERM THE NON-COMPLIANCE OF
WHICH MAY BE ASSUMED TO AMOUNT TO ACCEPTANCE
7. WHO CAN ACCEPT?
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PARTICULAR OFFER / SPECIFIC
OFFER -- BY HIM ALONE
GERERAL OFFER – ANY PERSON
TO WHOM THE OFFER IS MADE
MAY ACCEPT IT
8. LEGAL RULES
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MUST BE ABSOLUTE AND UNQUALIFIED
MUST BE COMMUNICATED TO THE OFFEROR
MUST BE ACCORDING TO THE MODE PRESCRIBED
OR USUAL AND RESONABLE MODE
MUST BE GIVEN WITHIN A REASONABLE TIME
CANNOT PRECEDE AN OFFER
MUST SHOW AN INTENTION TO ABIDE BY THE
OFFER
MUST BE GIVEN BY WHO WAS OFFERED
MUST BE GIVEN BEFORE THE OFFER GETS
LAPSED OR WITHDRAWN
CANNOT BE IMPLIED FROM SILENCE
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COF – COMPLETE – COMES TO THE KNOWLEDGE
OF THE PERSON TO WHOM IT IS MADE
COA – COMPLETE
PROPOSER – WHEN IT IS PUT INTO A
COURSE OF TRANSMISSION TO HIM, SO AS TO
BE OUT OF THE POWER OF THE ACCEPTOR
ACCEPTOR – WHEN IT COMES TO THE
KNOWLEDGE OF THE PROPOSER
COR – COMPLETE
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
TO WHOM IT IS MADE – WHEN IT COMES TO
HIS KNOWLEDGE
16. WHEN OFFER COMES TO END :-
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REVOCATION OR LAPSE
BY COMMUNICATION OF NOTICE OF REVOCATION,
BEFORE ACCEPTANCE IS COMPLETE
BY LAPSE OF TIME / REASONABLE TIME
BY NON-FULFILMENT BY THE OFFEREE OF A
CONDITION PRECEDENT
BY DEATH OR INSANITY OF THE OFFEROR
COUNTER OFFER
IF NOT ACCEPTED ACCORDING TO PRESCRIBED OR
USUAL MODE
CHANGE IN LAW