Differ from Declaration of Intention : -Offer and intention are different. Intention to offer indicates the offer will be made. The case of Farine v Ficker. Proper Communication: — The offer should be properly communicated as to whom the offer is made. The offer stands completely only when the offeree is communicated about the same. If offer accepted without any proper communication and information is not valid.
Presumption of the offer : — The offeror cannot pressure the offer is accepted if the offeree does not accept for a certain period. Till the offeree replies back with the acceptance of the offer, then only the offer stands to be a valid offer. Offers at common law required three elements: communication, commitment and definite terms.
The person making the offer the offeror must communicate his offer to a person who may then choose to accept or reject the offer the offeree. Often, this is not a serious issue to analyze, as the offeror is free to communicate his offer in any means, whether orally spoken offers or in writing. Whether the offeror is committed requires an analysis of whether the offeror, in his communication of the offer, intended to be bound by the offer. Auctions are a common example of invitations to receive offers, rather than a contractual offer in itself.
All offers must be definite and specific in their terms. The essential terms of the deal, such as price, manner of acceptance and timing, must be stated. What is implied offer? For instance, a person who buys a product from a seller assumes that the product functions properly without a seller explicitly claiming that the product works.
An agreement stems from the offer, and the offer is then construed as the proposal. According to the Contract Act, a person who makes an offer, when he or she implies to another party regarding the validity of a product or service, has officially entered into an implied offer agreement. When it comes to expectations in creating a legal relationship, the offer must be established in lawful relations.
An offer may be derived from the actions or circumstances of the parties. This is known as Implied offer. There is an implied offer by the transport company to carry passengers for a certain fare when a transport company operates a bus on a particular route. A general offer is not made by any specified party. It is one that is made by the public at large. It is the offer made to a specific person or group of persons and can be accepted by the same, not anyone else. A specific offer can be accepted by only a specific person.
Two parties make a cross-offer under certain circumstances. It means that both make the same offer at the exact time to each other. However, in either case, the cross-offer will not amount to accepting the offer. This is the cross offer made where one party needs to accept the offer of another. A counter-offer is an answer given to an initial offer. A counter-offer means that the original offer has been refused and replaced by another.
The counteroffer offers three choices to the original offerer; accept, refuse, or make another offer. The communication of the offer is complete when it comes to the knowledge of the person to whom it is made. A proposal can be revoked at any time before the communication of its acceptance is complete as against the proposer but not afterward. Thus the proposal when accepted becomes a promise.
As specified in the definition, if the offer is accepted unconditionally by the offeree to whom the request is made, it will amount to acceptance. When the offer is accepted it becomes a promise. Now, it has become a promise. When an offer is accepted and it becomes promise it also becomes irrevocable. No legal obligation created by an offer. If the acceptance is written or oral, it becomes an Expressed Acceptance. If the acceptance is shown by conduct, It thus becomes an Implied acceptance.
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