To offer means to present something
so that it may be accepted or rejected. Offer is the proposal of the first
party to another parties. NCA defines offer as " An offer is a proposal
presented by one person to another with the intention of obtaining his assent
for performing any work" And this types of proposal creates a legal
obligation if it is accepted by the acceptance parties. A valid offer may be
expressed or implied.
i)
Specific and general offer: Where an offer is made to a particular person there
is a specific offer and where it is made to the general public there is a
general offer.
ii)
Cross and counter offer: Where both parties make their offer to each other at
the same time, there is a cross offer. Such types of offer is not a valid offer
for the contract because to create a contract there must be an offer from one
side and acceptance from other side.
Where
an offeree intends to accept the offer after alteration in any term of offer,
there is a counter offer.
Rules
Regarding the valid offer
i)
Creating a legal relationship: the offerer must have intention of creating
legal relationship. After the acceptance of the offer it must create some legal
obligation.
ii)
Offer should not be certain and should be made to a definite person.
iii)
Offer may be conditional: An offer may be made subject to conditional and that
must be clearly conveyed to the offeree. An unreasonable treatment and
ignorance of offeree to the conditions are not valid.
iv)
Offer and offeree must be communicated.
v)
The offer can be expressed in different for written, spoken) and implied
vi)
Offer is seeking acceptance of other party
vii)
offer may be specific to the person or be to general public or globally.
viii)
Offer should not contain the term that non-communication or rejection would
amount to an acceptance.
ix)
Invitation to offer is not an offer.
x) Advertisement
is not the offer.
Reviewed by Bijay Munikar
on
September 24, 2020
Rating:
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