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Communication

Offer

Offer/Proposal
When one person signifies to another his willingness to do or to abstain from doing anything
with a view to obtaining the asset of that other to suck act or abstinence, is said to make a proposal
Proposal Acceptance
Types of Offer:
1. General offer: That is make to a large public
2. Specific offer: That is made to a particular person
3. Express offer: That is made written, spoken or verbal
Promise Consideration
4. Implied offer: That inferred from the act, conduct or from the circumstances
5. Cross offer: When two identical offers of same subject matter made by two different parties to
each other in ignorance (not knowing each other offer) of each other offer are called cross offer.
6. Counter offer: When in place of accepting the terms of an offer as they are, the offeree accept
the same subject to certain conditions or qualification,
Agreement helegal,
Social plus is said to make a counter-offer
7. Standing offer: That is continuous in nature, any offerplus
Verbal for public
writtenreward and special offer
8. Conditional Offer: When some condition is attached with main offer
9. Wague Offer: When meanings are not clear
10. Negative Offer: Concluding decision without reply of the offeree
Contract Enforceable by law
Essential of offer
An offer must have certain essentials in order to constitute a valid offer namely:
1. Offer must be made with a view to obtain acceptance
2. Offer must be made with the intention of creating legal relations.
3. Offer must be definite, unambiguous and certain or capable of being made certain, i.e. must not
be loose, vague or ambiguous
4. Offer must be distinguished from (a) a more declaration of intention, or (b) an invitation to offer
or to treat
5. Ordinary social invitation is not an offer in the eyes of law.
6. Offer made by a person under stress, emotion , loudspeaker and excitement is not a valid offer
7. Marked prices on articles in a shop do not constitute offer
8. Offer not communicated to the offeree is no offer
9. Offer must contain the terms on which the Offeree is willing to act
10. Offer must be something in the request and not an order

Revocation Or Lapse Of Offer:


1. Expiry of time limit
2. Death insanity of Offeror or offeree
3. By subsequent illagility (change or prohibition by law)
4. Non-acceptance in prescribed manner
5. Condition offer is lapse when the condition attached is not accepted by the offeree
6. By counter offer
7. Notice of revocation (before Acceptance)
8. Distraction of subject matter

Modes of Rejection of offer


1. Express Rejection with notice reaches to Offeror
2. Implied rejection
a) Where a offeree makes counter offer
b) Where a offeree condition acceptance

Acceptance: consensus ad idem


When the person to whom the proposal is made signifies his assets thereto the proposal is said to be
accepted
OR
Meeting of the minds of parties toward the subject matter in the same sense at the same time

1. Acceptance must be in the manner as prescribed by the Offeror


2. Acceptance of proposal is the acceptance of all its terms
3. Acceptance of refusal is not acceptance unless renewed
4. Required act done in ignorance is no acceptance
5. Mere intension to accept a proposal is no acceptance
6. Acceptance must be absolute and unqualified
7. Acceptance must b communicated to Offeror
8. Acceptance must be made with intention to fulfill promise
9. Acceptance must be made before the full offer laps or with drawn
10. Some act must be shown/consider/provided to acceptance
11. Acceptance cannot precede an offer
12. Acceptance cannot be implied from silence

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