Offer & Acceptance
Section 2(a)
Proposal is also called ‘Offer’
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Offer: Meaning
It is an expression of willingness by one person
to another to enter into an agreement on the
terms stated by him with an intention to obtain
the assent of the other.
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Basic characteristics of proposal
i. 2 Parties or more
ii. It may be positive or negative
iii. It must be made to obtain assent
iv. Intention to create legal relations
v. It must be communicated (express, implied)
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Basic characteristics of proposal
vi. It must be definite
vii. T&C must be communicated with the offer
viii. It should not bind other party to reply
ix. Tender may be standing offer
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Types of Offers
 On the basis of : Mode of Making
a) Express
b) Implied
 On the basis of : Offerees
a) Specific
b) General
 On the basis of : Nature of offer
a) Cross
b) Counter
c) Standing
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What is not proposal ?
I. Intention to put a Proposal (eg. Lalji sent a letter to
Kalaji stating the terms on which he was prepared to
do business).
II. Invitation to Proposal/Offer (eg. Catalogue, price list,
menu card, price tags, job advertisement)
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Invitation
to Offer
Offer Acceptance
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Acceptance: Meaning
For creation of any valid Contract, it is essential
that a party (the Offeror) makes a Proposal, on
which acceptance is given by the other party
(the Offeree).
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Proposer
Offeror
Promisor
(Giver)
Acceptor
Offeree
Promisee
(Receiver)
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Acceptance: Definition
According to Section 2(b) of ICA, “When the person
to whom, the proposal is made signifies his assent
thereto, the proposal is said to be accepted.”
Word : Meaning
Signifies : Shows
Assent : Approval
Thereto : to that
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Essentials of Acceptance
i. It must be absolute & Unconditional
ii. It should be accepted by the person to whom the
proposal is made
iii. It must be in prescribed manner
iv. It may be Express or Implied
v. It must be given with specified/reasonable time.
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Essentials of Acceptance
vi. It must be given before the offer has been
withdrawn/lapsed.
vii. The acceptance must be given only after the
communication of offer is complete.
viii. It must be fully communicated
ix. It must be from competent person
x. It should be communicated to the Offeror himself
PPT BY SANDEEP SHARMA

"Offer & Acceptance" (Chapter 4) - Business Law

  • 1.
    Offer & Acceptance Section2(a) Proposal is also called ‘Offer’ PPT BY SANDEEP SHARMA
  • 2.
    Offer: Meaning It isan expression of willingness by one person to another to enter into an agreement on the terms stated by him with an intention to obtain the assent of the other. PPT BY SANDEEP SHARMA
  • 3.
    Basic characteristics ofproposal i. 2 Parties or more ii. It may be positive or negative iii. It must be made to obtain assent iv. Intention to create legal relations v. It must be communicated (express, implied) PPT BY SANDEEP SHARMA
  • 4.
    Basic characteristics ofproposal vi. It must be definite vii. T&C must be communicated with the offer viii. It should not bind other party to reply ix. Tender may be standing offer PPT BY SANDEEP SHARMA
  • 5.
    Types of Offers On the basis of : Mode of Making a) Express b) Implied  On the basis of : Offerees a) Specific b) General  On the basis of : Nature of offer a) Cross b) Counter c) Standing PPT BY SANDEEP SHARMA
  • 6.
    What is notproposal ? I. Intention to put a Proposal (eg. Lalji sent a letter to Kalaji stating the terms on which he was prepared to do business). II. Invitation to Proposal/Offer (eg. Catalogue, price list, menu card, price tags, job advertisement) PPT BY SANDEEP SHARMA
  • 7.
  • 8.
    Acceptance: Meaning For creationof any valid Contract, it is essential that a party (the Offeror) makes a Proposal, on which acceptance is given by the other party (the Offeree). PPT BY SANDEEP SHARMA
  • 9.
  • 10.
    Acceptance: Definition According toSection 2(b) of ICA, “When the person to whom, the proposal is made signifies his assent thereto, the proposal is said to be accepted.” Word : Meaning Signifies : Shows Assent : Approval Thereto : to that PPT BY SANDEEP SHARMA
  • 11.
    Essentials of Acceptance i.It must be absolute & Unconditional ii. It should be accepted by the person to whom the proposal is made iii. It must be in prescribed manner iv. It may be Express or Implied v. It must be given with specified/reasonable time. PPT BY SANDEEP SHARMA
  • 12.
    Essentials of Acceptance vi.It must be given before the offer has been withdrawn/lapsed. vii. The acceptance must be given only after the communication of offer is complete. viii. It must be fully communicated ix. It must be from competent person x. It should be communicated to the Offeror himself PPT BY SANDEEP SHARMA