Contract and Offer
Introduction A contract is defined as an agreement enforceable by law. Hence for all contracts there should have an agreement. The agreement arises by one of the parties making an offer and its acceptance by the other party. Both offer and acceptance create an agreement. In simple contract should first contain an offer made by one party to the other.
What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that others to such act or abstinence is said to make a proposal”. The word offer of the English law is synonymous to the word proposal of Indian contract act. The person making the proposal is called the proposer or offeror and the person accepting the proposal is called the offeree. A proposal is an expression of will or intention. A person making the proposal that he is willing to contract on the terms stated in it. The proposal is made to obtain the assent of the other party to whom the proposal is made. When “A” expresses his willingness to sell motor car for Rs.10, 000 with a view to get B’s acceptance to his offer, A is said to make a proposal.
How is offer made? Offer is made either by words spoken or by words written. This is an express offer. If A either tells or writes to B that he is prepared to sell his car for Rs.20, 000 it is an express offer. An offer is made by conduct or behaviour. Then it is an implied offer. For example, A is standing in a queue for getting ticket for a train.
Characteristics of valid offer
1)The terms of an offer must be clear and certain or at least capable of being made certain. The terms of an offer must be definite, certain and clear. It should not be indefinite, loose or vague. The vagueness of an offer will not create
What is an offer? As per Sec 2(a) of the contract act “When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that others to such act or abstinence is said to make a proposal”. The word offer of the English law is synonymous to the word proposal of Indian contract act. The person making the proposal is called the proposer or offeror and the person accepting the proposal is called the offeree. A proposal is an expression of will or intention. A person making the proposal that he is willing to contract on the terms stated in it. The proposal is made to obtain the assent of the other party to whom the proposal is made. When “A” expresses his willingness to sell motor car for Rs.10, 000 with a view to get B’s acceptance to his offer, A is said to make a proposal.
How is offer made? Offer is made either by words spoken or by words written. This is an express offer. If A either tells or writes to B that he is prepared to sell his car for Rs.20, 000 it is an express offer. An offer is made by conduct or behaviour. Then it is an implied offer. For example, A is standing in a queue for getting ticket for a train.
Characteristics of valid offer
1)The terms of an offer must be clear and certain or at least capable of being made certain. The terms of an offer must be definite, certain and clear. It should not be indefinite, loose or vague. The vagueness of an offer will not create