offer/proposal Flashcards
offer/proposal
one person show his willingness to do or not to do to obtain the consent of other person/party
types of offer
1 specific offer 2 general offer 3 counter offer
essential of an offer/proposal
1 two person 2 intention to create legal relationship 3certain and definite 4 offer must be communicated note 1 offer may be conditional 2 an invitation to offer is not an offer
lapse/ revocation of an offer/proposal
1 revocation by offeror 2 rejection by offeree 3 non fulfilment of condition 4 passing of stipulated or reasonable time 5 death or insanity of parties before acceptance 6 counter offer 7 subsequent illegal or destruction of subject matter
acceptance
when the person to whom the offer is made shows his consent it is called acceptance
essential of acceptance
1 acceptance must be absolute and unconditional 2 with stipulated and reasonable time 3 with stipulated or reasonable manner /mode 4 acceptance must be given only by the person to whom it is made 5acceptance cannot precede an offer 6 rejected offer cannot be accepted unless renewed 7 negative confirmation 8 acceptance of consideration or performance of a condition 9 acceptance must be communicated
revocation of acceptance
acceptor can revoke his acceptance by notifying other party before it reaches him
agreement
promises forming consideration each other are called agreement
contract
contract is an agreement which is enforceable by law note every contact is an agreement but every agreement is not contract
enforceable by law
a contract becomes enforceable by when it create legal obligation following are agreement which can not be enforceable by law 1 illegal agreement 2 impossible agreement 3 social domestic or religious agreement (unless agreed by parties)
specific offer
an offer is specific when it is made to a definite person /persons such an offer can be accepted only by the person to whom it is made
general offer
an offer is general when it is made to the word at large or public in general any person can accept such offer by acting on condition of the offer
counter offer
an offer made by the party in response to a previous offer note counter offer cancel original offer
how to offer can be communicated
who is agent
a person employed to do act and make contract for another person