Offer Flashcards
Test 1
Definition of “CONTRACT”
-agreement
-between two or more
parties
-enforceable by law
- legally binding
Authority of “CONTRACT”
-Sec.2(h) CA 1950
…an agreement enforceable
by law is a contract”
Authority of OFFER
Sec. 2(a) CA 1950
when one person signifies to another his willingness
to do or to abstain from doing anything, with a view to
obtaining the assent of that other to the act or
abstinence, what is the meaning
To whom an offer can be made?
-individual
-class of persons
-a firm
-a company
-public at large
ways on how an offer can be made.
Section 9 Contracts Act 1950
An offer can be express (in words) or implied (by conduct) -
when Communication of an offer is deemed to be made
Section 3 Contracts Act 1950
Communication of an offer is deemed to be made by any act or omission of the offeror -
communication of offer considered complete
Section 4(1) Contracts Act 1950
An offer is complete when it comes to the knowledge of the offeree -
Section 5(1), 6(a), 6(b), 6(c), 6(d) Contracts Act 1950
Auth: Sec. 5(1) “A proposal may be revoked at any time
BEFORE the communication of its acceptance is
complete as against the proposer
S. 6(a) : Notice of
revocation by the offeror
S. 6(b) : Lapse of time /
no specific time given –
reasonable time
S.6(c) : Failure of the
offeree to fulfill the
condition precedent to
the acceptance
S. 6(d) : By the
death/mental disorder of
the offeror (offeree
knows)
how offer can be revoked
Section 5(1), 6(a), 6(b), 6(c), 6(d) Contracts Act 1950
An offer can be revoked before acceptance is complete againts proposer-