Offer

Rules regarding offer

BY Tajrin Jahan
 Offer
• A proposal is an expression of will or intention to
do or not to do something. It is also called an
"offer". It is one of the essential elements of an
agreement. It is the very basis of the contract. It
becomes a promise when it accepted. The person
making the offer is called the offeror. The person
to whom the offer is made is called the offeree.

For example; ‘A’ offers to sell his car to ‘B’ for

Rs. 5, 00,000 tk. This is an offer. ‘A’ is the offeror
and ‘B’ is the offeree.
 Rules regarding offer
Rule 1 . An offer may be express or implied. An offer which is
expressed by words, written or spoken, is called an express offer.
An offer which is expressed by conduct is called an implied
offer.

For example; ‘A’ says to ‘B’ that he will sell his scooter to her
for Rs.50, 000. This is an express offer.
On the other hand, suppose, The Dhaka State Road Transport
Corporation runs collection on various routes to carry passengers
at the scheduled price. This is an implied offer by DSRTC.
 Rules regarding offer
Rule 2. An offer may be made to a definite person or to the general public.
A specific offer can be accepted only by that person to whom it has been
made and a general offer can be accepted by any person.

For example; ‘A’ promises to give Rs.100 to ‘B’, if he brings back his
missing dog. This is a specific offer and can only be accepted by ‘B’.

On the other hand ’A’ issues a public advertisement to the effect that he
would give Rs.100 to any one who brings back his missing dog. This is a
general offer. Any member of the public can accept this offer by searching
for and bringing back ‘A’ missing dog.
 Rules regarding offer
Rule 3. A valid offer must intend to create legal relations. It
must not be a casual statement. If the offer is not intended to
create legal relationship, it is not an offer in the eyes of law.

For example; ‘A’ invites ‘B’ to a dinner party and ‘B’ accepts
the invitation. ‘B’ does not turn up at the dinner party. There
was no intention to create legal obligation.
Hence, an offer to perform social, religious or moral acts
without any intention of creating legal relations will not be a
valid offer.
 Rules regarding offer
Rule 4. The terms of an offer must be definite, unambiguous
and certain. They must not be loose and vague.
For example; ‘A’ says to ‘B’ "I will give you some money if
you marry my daughter". This is not an offer which can be
accepted because the amount of money to be paid is not certain.

Rule 5. An offer to do or not to do must be made with a view to

obtaining agree of the other party. Mere enquiry is not an offer.
For example, ‘A’ says to ‘B’ that he will sell his apartment to
her for Rs.50, 000 tk. But ‘A’ is not bound to say ‘B’ why this
apartment price is 50,000 tk.
 Rules regarding offer
Invitation to treat
Invitation to treat is quite similar with the concept of offer.
Invitation to treat is such kind of activities by which one
party will influence or induce to other party to make an
offer. It should be noted that an invitation to offer is not
an offer.
There are four types of an invitation to treat.
1. Tenders
2. Auction sales
3. Display of goods for sale
4. Advertisements
 Rules regarding offer

Rule 6. An offer is effective only when it is communicated

to the offeree. A person can accept the offer only when he
knows about it. If he does not know, he cannot accept it.

For example ‘A’ offers a public reward to any one who will
furnish information as to the position of an accused person.
‘B’ ignorant of the reward, furnishes him such information.
 Rules regarding offer
Rule 7. An offer may be contain any term or condition. If
the offeror will put some additional condition besides the
main condition of the offer then it will be called conditional
offer.

For example, AIUB requires the students for the debating

club. But the students must have the CGPA not less then
3.00. Besides it put some extra condition like student have
to be punctual, attentive and well dressed while the club
going on. So CGPA 3.00 is the main condition and punctual,
attentive and well dressed are the additional offers.
 Rules regarding offer

Rule 8. An offer may be printed contact. Printed contact

usually means offer is stratified four elements of offer.

For example, ‘A’ is a model she make a contact with Lux

Company and that Company has some terms and conditions.
Lux Company issue printed forms of contact. The model is
bound to sign them whether she likes them or not.