Chapter 2 - Offer, acceptance and revocation Flashcards
The law governing the contracts between persons is:
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Contract Act 1872
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What is a ‘proposal’
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When a person shows willingness to perform something or stop from performing something with a view of getting something in return.
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What is ‘acceptance’?
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When a person to whom the proposal is made signifies willingness to do or to refrain from doing something.
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Proposal + Acceptance= ?
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Promise
It is not a contract yet, as contract needs further elements.
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What is consideration?
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Anything of value from one party to another party
payment of an amount for purchase of goods is consideration for another
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Promise + Consideration =
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Agreement
Still not a contract. Needs further elements
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Rancho offers to buy a kite from Daas for Rs. 1000. What is the consideration for Rancho in this?
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Kite
Something of value is consideration. Kite is what is required by Rancho.
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What are the requirements of a valid offer?
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- Contractual Intention
- Certainty (unambiguity)
- Communication of offer to the offeee
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What is the presumption of contract under intention?
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- No intention in social / domestic relationship
- Intention in commercial / business relationship
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Examples of invitation to treat / offer.
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- Price list of items on website
- Advertisment on social media
- Winter sale mention on billboards
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