Offer And Acceptance In Contract Law Cases In Orange
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For an offer to be valid, it must be communicated effectively to the offeree, contain definite terms, and show a clear intention to create legal obligations.
For a contract to be binding it needs to satisfy four principles, offer, acceptance, consideration, and the intention to create legal relations. Generally, the law believes that an agreement is made when one party makes an offer and the other party accepts it.
1) An offer must be clear enough to identify the nature of the goods or services being offered. 2) The offeree has to accept the offer within a reasonable period. 3) The offeree must not have agreed to any other agreements that would conflict with this agreement.
Requirements for a valid Offer: The offer must be FIRM. Must be made with animo contrahendi – the intention that its acceptance will. call into being a binding contract. The offer must be complete. All the material terms should be set out in the offer. The offer must be clear and certain.
The general rule is that an acceptance of a bilateral offer must be communicated to the offeror to create a legally binding contract (the receipt rule). Key term: receipt rule. The rule that an offeror must actually receive an acceptance for the acceptance to be valid.
1) Offer must be capable of being accepted and giving rise to legal relationship. 2) Offer must be certain, definite and not vague. 4) Offer is different from invitation to offer. 7) Offer must be made to obtain the consent of the offeree.
In Short. A valid offer must be clear, communicated and made with the intention of creating legal relations. Acceptance must be unconditional, timely and communicated. Duress, capacity and mutual conduct can affect contract validity. Silence may count as acceptance in specific situations.
An offer is basically an expression of willingness to enter into a bargain made in a way so that the offeree understands that he can accept the offer and conclude a bargain. In order for an offer to be adequate, the offer must demonstrate intent to enter into a bargain and definiteness of terms.
Say for example A offers to buy B's car for rupees two lacs and B accepts such an offer. Now, this has become a promise. When the proposal is accepted and it becomes a proposal it also becomes irrevocable. An offer does not create any legal obligations, but after the offer is accepted it becomes a promise.