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Offer and Acceptance

This document discusses offer and acceptance in contract law. It defines an offer as a proposal made by an offeror to an offeree either verbally or in writing. For an offer to be valid, its terms must be clear, it must be communicated to the offeree, and made with the intention of creating a legal obligation. Acceptance occurs when the offeree signifies assent to the offer, turning it into a promise. For acceptance to be valid, it must be absolute, communicated to the offeror in a reasonable time and manner, and made by the offeree before any lapse, revocation, or counter offer of the initial offer.
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0% found this document useful (0 votes)
69 views14 pages

Offer and Acceptance

This document discusses offer and acceptance in contract law. It defines an offer as a proposal made by an offeror to an offeree either verbally or in writing. For an offer to be valid, its terms must be clear, it must be communicated to the offeree, and made with the intention of creating a legal obligation. Acceptance occurs when the offeree signifies assent to the offer, turning it into a promise. For acceptance to be valid, it must be absolute, communicated to the offeror in a reasonable time and manner, and made by the offeree before any lapse, revocation, or counter offer of the initial offer.
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OFFER AND

ACCEPTANCE
OFFER
• By section 2(a)

• The person making the proposal is called the proposer or offeror and
the person accepting the proposal is called the offeree.

• Offer is made either by words spoken or words written.


Essential characteristics of valid offer
• The terms of an offer must be clear and certain or at least capable of
being made certain.

• Offer must be communicated to the offeree.

• An offer must made with an intention of creating legal obligations.


• Invitation to an offer is not an offer.

• Special terms attached to an offer must be communicated .

• An offer may be to an individual or to the public at large.


• Offer may be express or implied

• Offer must be with a view to obtaining the assent of the other party.

• Offer may be conditional.


• Offer should not contain a term, the non compliance of which would
amount to acceptance.
Different kinds of offers
• Specific offer

• General offer

• Standing offer (open offer)


• Counter offer

• Cross offers
ACCEPTANCE
• 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.
ESSENTIALS OF A VALID ACCEPTANCE
• Acceptance must be absolute and unqualified.

• Acceptance must be communicated to the offeror.

• Acceptance must be made with a reasonable time.


• Acceptance must be communicated in some usual and reasonable
manner.

• Acceptance may be express or implied.

• Acceptance must be made by the offeree.


• Acceptance must be aware of the proposal at the time of the offer.

• Acceptance must be made only after the offer is made.

• Acceptance must be given before the offer lapses or is revoked.

• Acceptance concludes the contract.


When does an offer come to an end
• Revocation by communication of notice.

• By lapse of prescribed time.

• Death of the offeror.

• Insanity of the offeror.


• Non-fulfilment of conditions.

• Offer not accepted according to the mode prescribed.

• Rejection by a counter offer.

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