offer/proposal Flashcards

1
Q

offer/proposal

A

one person show his willingness to do or not to do to obtain the consent of other person/party

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2
Q

types of offer

A

1 specific offer 2 general offer 3 counter offer

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3
Q

essential of an offer/proposal

A

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

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4
Q

lapse/ revocation of an offer/proposal

A

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

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5
Q

acceptance

A

when the person to whom the offer is made shows his consent it is called acceptance

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6
Q

essential of acceptance

A

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

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7
Q

revocation of acceptance

A

acceptor can revoke his acceptance by notifying other party before it reaches him

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8
Q

agreement

A

promises forming consideration each other are called agreement

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9
Q

contract

A

contract is an agreement which is enforceable by law note every contact is an agreement but every agreement is not contract

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10
Q

enforceable by law

A

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)

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11
Q

specific offer

A

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

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12
Q

general offer

A

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

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13
Q

counter offer

A

an offer made by the party in response to a previous offer note counter offer cancel original offer

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14
Q

how to offer can be communicated

A
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15
Q

who is agent

A

a person employed to do act and make contract for another person

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16
Q

who is principal

A

a person who are appointed agent on behalf on his or person for whom act is done

17
Q

can minor engage an agent

A

no minor can not engage agent because minor is not competant to contract

17
Q

can an elder engage minor an agent

A

yes minor can be an agent but not liable to any liabelites