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RENU VERMA
1
OFFER
AND
ACCEPTANCE
OFFER
RENU VERMA
2
 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
OFFER
RENU VERMA
3
 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.
OFFER
RENU VERMA
4
 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.
RULES IN REGARD TO OFFER
RENU VERMA
5
 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
ACCEPTANCE
RENU VERMA
6
CONTRACT EMERGES FROM
THE ACCEPTANCE OF AN
OFFER
IS AN ACT OF ASSENTING TO
THE OFFER BY THE OFFEREE
MAY AGAIN BE IMPLIED OR
EXPRESSED
WHO CAN ACCEPT?
RENU VERMA
7
 PARTICULAR OFFER / SPECIFIC
OFFER -- BY HIM ALONE
 GERERAL OFFER – ANY PERSON
TO WHOM THE OFFER IS MADE
MAY ACCEPT IT
LEGAL RULES
RENU VERMA
8
 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LAPSED OR WITHDRAWN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
COMMUNICATION
OF
OFFER,
ACCEPTANCE AND
REVOCATION
RENU VERMA
9
RENU VERMA
10
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
COMMUNICATION OF OFFER
RENU VERMA
11
COMMUNICATION OF ACCEPTANCE
RENU VERMA
12
XO – A
30TH -- COMPLETE FOR Y
POST AFTER 21 ST -- COMPLETE FOR X
YA - A
21 ST
REVOCATION
RENU VERMA
13
 TAKING BACK, RECALLING OR
WITHDRAWAL
 MAY BE FOR OFFER OR
ACCEPTANCE
COR - OFFER
RENU VERMA
14
•XO – R
•5TH
AFTER 5TH
•6TH TO
19TH
POST
•YA – R
•20TH
AFTER 20TH
WHEN LETTER
REACHES
COR - ACCEPTANCE
RENU VERMA
15
WHEN OFFER COMES TO END :-
RENU VERMA
16
 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
RENU VERMA 17

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Offer and acceptance

  • 2. OFFER RENU VERMA 2  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 RENU VERMA 3  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 RENU VERMA 4  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 RENU VERMA 5  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
  • 6. ACCEPTANCE RENU VERMA 6 CONTRACT EMERGES FROM THE ACCEPTANCE OF AN OFFER IS AN ACT OF ASSENTING TO THE OFFER BY THE OFFEREE MAY AGAIN BE IMPLIED OR EXPRESSED
  • 7. WHO CAN ACCEPT? RENU VERMA 7  PARTICULAR OFFER / SPECIFIC OFFER -- BY HIM ALONE  GERERAL OFFER – ANY PERSON TO WHOM THE OFFER IS MADE MAY ACCEPT IT
  • 8. LEGAL RULES RENU VERMA 8  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
  • 10. RENU VERMA 10 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
  • 12. COMMUNICATION OF ACCEPTANCE RENU VERMA 12 XO – A 30TH -- COMPLETE FOR Y POST AFTER 21 ST -- COMPLETE FOR X YA - A 21 ST
  • 13. REVOCATION RENU VERMA 13  TAKING BACK, RECALLING OR WITHDRAWAL  MAY BE FOR OFFER OR ACCEPTANCE
  • 14. COR - OFFER RENU VERMA 14 •XO – R •5TH AFTER 5TH •6TH TO 19TH POST •YA – R •20TH AFTER 20TH WHEN LETTER REACHES
  • 16. WHEN OFFER COMES TO END :- RENU VERMA 16  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