a) Offer must be communicated:
It is true that one cannot make an offer
to oneself. The offer should be
communicated to the person to whom it is
made. It is obvious that a promise
cannot give any response to the offer
unless it is communicated to him.
Communication is must when there it is
specific or general offer.
b) Offer may be general or specific person:
Even though it is mentioned in the
definition of the offer that offer must
be made to a specific person but the
court is the view that it can be made to
a public at large. When offer is made to
a specific person then only that person
is duly authorized agent has a right to
accept it or not. When it is made to a
general public them it can be accepted
Offer must be made to obtain the assent
of another: An offer must be made with the motive of
obtaining the assent of the other party.
A mere statement of intention to make an
offer is not an offered.
Offer should be clear and specific: It means the terms of offer should be clear, specific and
not vague. If the terms are not clearly
stated then even through accepted it
will not create a valid contract. E.g. A
said to B, I will sell you oil at a
reasonable price. Since the terms are
not clear, hence no contract.
Different from imitation to offer: An offer must be distinguished from more imitation to offer
sometimes certain actions seems to be an
offer but actually are not so. E.g.
catalogues and price list.
No term the non compliance of which
amount to acceptance: An offer should not contain any such
term the non compliance of which amounts
to acceptance as one cannot say while
making the offer that if the offer is
not accepted before a certain date, it
will be presumed to have been accepted.
E.g. A boy proposes a girl for marriage
and said if you don’t reply I assume it
to be yes from your side.
It should not be in the form of order: An offer should be in the mode of the proposal and not
order. Order is imposed on the promise
while offer is first to obtain his or
her willingness on the subject matter of
contracted e.g. A teacher said to
student you have to take coaching from
me else I will fail you in exam.
Counter offer is the rejection of
original offer: Counter offer is the rejection of the original offer.
Once the counter offer is made at that
very moment the original offer loses its
Offer may be express or implied: i) Express offer: An offer in which terms are made clear
by both the parties in written or spoken
words. ii) Implied offer: It is an offer
which is not directly made to the second
party but it is the result of
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