Friday, 2 August 2019


OFFER AND ACCEPTANCE
‌DEFINATION OF OFFER
According to  Indian Contract Act "when one person signifies to another his willingness to do or obtain from doing anything, with a view of obtaining the assent of that another to such act or obtinence. He is said to make a proposal."
‌ELEMEMTS.
(1.) It must be an expression of willingness to do or abstain from doing (not to do) anything.
(2.) It must be made to another person.
(3.) It must be made to obtain the assent of other person to such act.
(4.) It must be definite.
(5.) It must be communicated to the offeree.        
       
Proposer,offeror and promisor are the terms used for the person who make offer. While offeree, promisee and proposee is used for the person to whom offer is made.
 
                             °CROSS OFFER
                               °STANDING OFFER
                               °COUNTER OFFER
   KINDS OF OFFER                           
                               °SPECIFIC OFFER
                               °GENERAL OFFER
                               °IMPLIED OFFER                
                               ° EXPRESS OFFER


‌FOR EXAMPLE: Mr.'X' wants to sell his house fully equipped with furniture to Mr.'Y' and Mr.'Y' accepted the offer. In this example, Mr.'X' is a proposer,offeror who is making a special offer to Mr.'Y', while Mr.'Y' is the offeree. Since the offer got accepted it become a contract and Mr.'Y' become acceptor.
‌ If the same offer was given in any newspaper as an advertisement, then it would have become a General offer.

‌DEFINATION OF ACCEPTANCE
According to Section 2(b), "When the person to whom the proposal is made signifies his assent thereto, proposal is said to be accepted. A proposal, when accepted, becomes a promise."

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