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Offer & Acceptance-Acceptance

-Offer/Proposal Defn.- Sec´2a´-¶ Where one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of the other in such act or abstinence, he is said to make an offer´ -Term proposal in ICA- synonymous with offer in English Law. -Offer- to obtain from another. sell a accepts -Eg:A B A radio same amount Intention of A to obtain assent from B

held not entitled.Defendant called auctioneer can call off his auction. calling for tenders. . invitation to treat and not an offer.Can withdraw before it is accepted. Persons invited for Auction 3.Withdrawal of Offer: . Book seller.A gives information on his goods. Harris Vs Nickerson .sale by auction-plaintiff went to the place of auction.contract not yetinvitation to treat not an offer.plaintiff brought an action for expenses.Offer & invitation to treatdistinguished .Catalogue 2. submission of tender( however is an offer) .view to invite others to make offer: -eg:1.

go to the counter.invitation to treat: ³ Pharmaceutical Society of Great Britain Vs Boots Cash Chemists Ltd.Self contractJudicial committee of privy council held it so.he can reject.Continued ‡ Goods displayed with price tags.Plaintiff replied agreed.Bumper Hall pen a plot of land-Plaintiff interested to purchase sent a telegram.plaintiff agreeing to pay $900 only an offer.not accepted by defendant. .Defendant did not give title deed.action-held.´ .quote lowest price-Defendant quoted $900. Quotation of price held not an offer: ³ Harvey Vs Facey´ .pick up goods.

forest officer wrote to plaintiff for further payment of RS 17000/=.held letter from agent was an invitation to treat and not an offer.not yet accepted by not les than Rs 10000. ³ Mac Pherson Vs Appanna´ .held by supreme court ± no contract.whether accepted.Continued ³ Badri Prasad Vs State of Madhya Pradesh´ .Plaintiff offered Rs 6000 for property-again wrote to agent of defendant.Plaintiff agreed.held to pay further amount is only an offer.Contract on big trees in dispute.plaintiff willing. .

.no legal relationship established.Agreement not formal or legal. entertain another.Vs Crompton & bros.held agreement was not engagement to go for a walk.´ .INTENTION TO CREATE LEGAL RELATIONSHIP ‡ .Offer is to be made with an intention to create legal relationship: ‡ Eg.not subject to legal jurisdiction of any court.carried through mutual loyalty & friendly co-operation. Promise.not enforceable. ³Rose and Frank Co.

job in Ceylonholiday to England with wife.during stay alone to wife.did not pay.wife did not return health reason.husband promised to pay $30 p.children .Continued ³ Belfour Vs Belfour´ .Defendant employed in govt.held no intention to create legal relationship.same rule.m.close relationsparents .

.bought a part to live and another rent and use.Continued ‡ ³ Jones Vs Padavatton´ Mrs Jones living in Trinidad and washington working for Indian Embassy. .mother persuaded daughter to study law and become barrister in England.eviction succeeded.mother wanted to evictdaughter claimed maintenance.Difference of opinion.held no intention to create legal relation.

³Meritt Vs Meritt´ -Husband and wife joint owners of houseHusband lived with another woman-Husband/ wife¶s insistence signed a note. .held contract valid.wife pay balance of house loan.Continued ‡ In some cases intention can be presumed.then not exempted from liability.he transfer property to her sole ownership.even incase of close relationship.

not communicated.³ The communication of the proposal is complete when it comes to the knowledge of the person to whom it is made´ ‡ .Communication of Offer ‡ Offer can be accepted only if it comes to the knowledge of the offeree. ‡ ³Sec 4´.i.not acceptance.e.but come to knowledgeacts accordingly. ‡ . it must be communicated.acceptance .Acting in ignorance of offer.

defendant announced a reward of Rs 501/= not known to plaintiff who found the lad.held valid .plaintiff gave information to ease her conscience.held not eligible. .them claimed reward.plaintiff was his servantsent to search for.Reward announced.any one giving information leading to conviction of an assailant for murder.deemed acceptance .³ William Vs Carwardance .Continued ³ Lalman Shukla Vs Gowri Dutt´ -defendant nephew absconded.claimed reward.However a person has knowledge of offer and acts accordingly.

B brought action on a for supply of iron.cross offer.held no contract existed.Cross offer ‡ .no contract unless either of the party having knowledge accepts the offer. ³ Tinn Vs Hoffmann´ -A to B.Two parties. On same day B to A willingness to buy 800 tones of iron at 69 shillings per tone.intention to sell 800 tones of iron at 69 shillings per tone. .cross each others in post.similar terms of bargain.

Not to any specific person but to the general public at large: . any person who finds the lost dog is given an award of Rs 100/=-general offerany person who finds it is deemed to have accepted the offer.contract exists .Eg.Offer to specific person .Specific and General Offer .

but caught influenzasued. .´ -Carbolic Co. influenza or other disease caused by cold.condition satisfied.Continued ‡ ³Sec 8´.a person takes it three times a day for two days.paid a reward of $ 100..preventive remedy for influenza.still gets cold.they also announced this-lodged $1000 in alliance Bank.held valid.Carlill followed.³ Performance of the condition of an offer is an acceptance of the offer´ ³ Carlill Vs Carbolic smoke ball co.

as and when orders received 2.even if it is open for a particular time can be revoked .as and when order placed on the basis of tender.Eg. 1000 bags of wheat from 1st Jan. Tender for supply of goods is a kind of standing offer.acceptance .Standing.Offer ( such ) can be with drawn any time before acceptance. to 31st Dec.Allowed to remain for some time until it is accepted. . Continuing or Open Offer . 1.

Before 12 months defendant.held no contract existed after revocation of offer.Vs homee Wadia & Co. .Continued ³ Bengal coal co.Bengal coal revoked offer.right to cancel contract at any stage.valid ± can cancel.did not honour subsequent order.´ .12 monthsas and when order received. ³ Union of India Vs Maddala Thathaiah´ -Dominion of India as owner of railways invited tender for supply of 14000 mounds of cane jaggery to railway grain shop.Bengal Coal to supply coal to homee Wadia.

but opened ± only tender.Petitioner refused to executeMP sold to some other party± Action against Rajendra for damages of Rs 25000/-there was a clause± no withdrawal of tender allowedheld in spite of the clause tender/ offer can be with drawn/revoked before acceptance. ³ Rajendra Kumar Sharma Vs state of M.tender invited. .P.Held can with draw/modify offer/ tender before acceptance. Before wrote not to open.9ty April to be of tendu patta (Leaves)-Petitioner Rajendra submitted tender.including open ± cancelled before acceptance.============================================ . .´ .State of MP.Again in´Suraj Besan and Rice Mill Vs food corporation of India´ .Continued ‡ Any offer.