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Sunday 21 March 2010

Offer

When a person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such an act or abstinence, he said to make an offer. An offer becomes complete when it is communicated to the offeree. In the absence of such communication, the offer is of no effect so far as the offeree is concerned.

Essential Ingredients of an Offer:
  1. The offer must disclose an intention to create legal relations and must be capable of creating legal relation.
  2. The terms of an offer must be certain.
  3. The offer may be general or specific.
  4. There can be no valid offer unless it is communicated to the offeree.
  5. The offer must contain terms in which proposer is willing to act.
  6. The offer must be made with a view to obtain the consent of the other party to the act or abstinence which the proposer is willing to do or not to do.
  7. An offer may be either express or implied.
  8. A proposal is something different from an answer to a question, an invitation to an offer and a statement of intention.

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