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Understanding Offer and Acceptance in The Indian Contract Act, 1872

Learn about the different types of offers, legal rules for offers, and the concept of acceptance according to the provisions of The Indian Contract Act, 1872. Explore express, implied, specific, general, cross, counter, and standing offers to understand the nuances of contract formation.

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Understanding Offer and Acceptance in The Indian Contract Act, 1872

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  1. THE INDIAN CONTRACT ACT, 1872

  2. OFFER

  3. OFFER According to Sec.2(a), when a person made a proposal, when he signifies to another his willingness to do or to abstain from doing something.

  4. TYPES OF OFFER • Express offer • Implied offer • Specific offer • General offer • Cross offer • Counter offer • Standing offer

  5. Express offer -When offer is given to another person either in writing or in oral. Implied offer -When offer is given to another person neither in writingnor in oral. Specific offer -When offer is given to a specific person. General offer -When offer is given to entire world at a large.(Carlill Vs. Carbolic smoke ball Co.,)

  6. Cross offer -When both the persons are making identical offers to eachother in ignorance of other’s offer. Counter offer -When both the persons are making offers to eachother which are not identical in ignorance of other’s offer. Standing offer -An offer which remains continuously enforceable for a certain period of time.

  7. LEGAL RULES FOR OFFER • Offer must be given with an intention to create a legal relationship.(Balfour Vs. Balfour) • Offer must be definite.(Taylor Vs. Portington) • There is a clear cut difference between offer, invitation to offer, invitation to sale. (Harris Vs. Nickerson)

  8. Offer must be communicated. (Fitch Vs. Snedkar) • Mere statement of price of price is not an offer.(Harvey Vs. Facey)

  9. ACCEPTANCE

  10. ACCEPTANCE According to sec.2(b), when a person made a proposal to another to whom proposal is made, if proposal is assented there to, it is called acceptance.

  11. LEGAL RULES FOR ACCEPTANCE • Acceptance must be given as per the mode prescribed by the offerer. • Acceptance must be given before the lapse of time or within reasonable time. • Acceptance must be unconditional. • Acceptance may be given by any person in case of general offer.

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