1. When Can Offer Be Revoked ?
An offer remains open until it lapses or is withdrawn .
Section 5( ! provides that "A proposal may be revoked at any time before
thecommunication of its acceptance is complete as against the proposer , but
notafterwards .
#herefore once an acceptance has been made , the offeror is no longer entitled
torevoke his offer
2. f) Revocation
An offer can be revoked/ withdrawn at anytime before acceptance the offeror must tell the
offeree as soon as the withdrawl has taken place CONFETTI RECORDS V WARNER
MUSIC UK (2003)
It is important to note that an offer must be revoked by the person who has made it or it
may also be revoked by the person who is authorized to act on his / her behalf.
The law of contract Act S.3 provides that Revocation of an offer must be done subject to
the following rules.
It must be communicated act, this means that it must come to the knowledge of the
offeree, otherwise it is ineffective.
Revocation must be done before offer is accepted (S.5 (1) of the (LCA of 2002)
3. 2,Caveat emptor is a Latin term that means "let the buyer beware." Similar
to the phrase "sold as is," this term means that the buyer assumes the risk
that a product may fail to meet expectations or have defects. In other words,
the principle of caveat emptor serves as a warning that buyers have no
recourse with the seller if the product does not meet their expectations
3,Caveat Emptor
Latin for "let the buyer beware." A doctrine that often places on buyers the
burden to reasonably examine property before purchase and take
responsibility for its condition. Especially applicable to items that are not
covered under a strict warranty.
5. 4,What is Doctrine of Caveat Emptor, What are the exemptions
Buyer in a contract of sale of specific goods will purchase them at his own risk with regard to the quality or
fitness of the goods except in case of fraud or where a condition to that effect is laid down in the contract itself.
Buyer cannot hold the seller liable if the goods turn out to be defective or do not suit his purpose or if the buyer
makes a mistake in assessing the quality of the goods. It is for the buyer to ensure at the time of purchase that
the goods conform to his requirements.
When a person buys some goods, it is his duty to examine them thoroughly. Generally, goods are purchased
when the buyer is satisfied with its quality and need. Hence, the goods is purchased by the buyer at his own risk
and to his best judgement. If the goods do not suit the purpose, he cannot blame anybody except himself. The
buyer has to bear the consequences of his wrong selection of goods.
6. The following are the major differences between condition and warranty in
business law:
1.A condition is an obligation which requires being fulfilled before another proposition takes
place. A warranty is a surety given by the seller regarding the state of the product.
2.The condition is vital to the theme of the contract while Warranty is ancillary.
3.Breach of any condition may result in the termination of the contract while the breach of
warranty may not lead to the cancellation of the contract.
4.Violating a condition means violating a warranty too, but this is not the case with warranty.
5.In the case of breach of condition, the innocent party has the right to rescind the contract
as well as a claim for damages. On the other hand, in breach of warranty, the aggrieved party
can only sue the other party for damages.
7. Definition of Warranty
A warranty is a guarantee given by the seller to the buyer
about the quality, fitness and performance of the product.
Definition of Condition
Certain terms, obligations, and provisions are
imposed by the buyer and seller while entering into
a contract of sale, which needs to be satisfied,
which are commonly known as Conditions.