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PROPOSAL,ACCEPTANCE AND REVOCATION

PROPOSAL,ACCEPTANCE AND REVOCATION.

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PROPOSAL,ACCEPTANCE AND REVOCATION

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  1. PROPOSAL,ACCEPTANCE AND REVOCATION • PROPOSAL:-Acc. to section 2(a) of the Indian contract Act, “When one person signifies to another his willingness to do or abstain from doing anything ,with a view to obtaining the assent of that other to such act or abstainance, he is said to make a proposal.’’ • The person making the proposal is called the promisor or offerer.The person to whom the offer is made is called the promisee or offeree.

  2. ELEMENTS OF PROPOSAL There must be two parties Willingness to do or not to do something Object of the proposal is to obtain the assent of the other party.

  3. DIFFERENCES 1. Difference between Proposal and Intention to make Proposal (The case of HARIS VS NICKERSON need to be mentioned here) Advertisement of a auction by Nickerson And cancelled afterwards. Case-Montreal gas co.v/s Vesen –if satisfied thenrenewal can be considered sympathatically. 2.Difference between a proposal and an invitation to make a proposal ) EXAMPLES for invitation to make a proposal. Tenders Price list Prospectus Sales advertisementAnswers for inquiry. Inviting applications for vacant posts. Answers for inquiry.-harvey v/s facey-inquiry for sale of land.

  4. LEGAL RULES AS TO PROPOSAL 1.The offer must be made to create legal obligations: Case-Mr. Balfour vs. Mrs Balfour) 2. The terms of proposal must be certain not vague: Case-Gothing vs. Iyon-purchase of other horse if proves to be lucky. 3. Proposal can be general or specific: Case-- Mrs Carlill vs Carbolic Smoke Ball Company 4. Proposal may be Express or Implied. 5.Proposal should be in the form of a request and not an order: 6.The offer must be communicated: Case-Lalman Shukla vs. Gauri Dutt-Lalmun munim ,nephew of Gauri Dutt lost. 7.The special terms of the proposal must be communicated: 8. Proposal must be for possible act

  5. ACCEPTANCE According to section 2 (h) of the Indian Contract Act, “ When the person to whom the offer is made signifies his assent there to, the offer is said to be accepted.” LEGAL RULES AS TOACCEPTANCE • Acceptance must be given only by the person to whom the offer is made Boulten vs. jones -- and Mrs Carlill vs. Carbolic Smoke Bill co 2. Acceptance must be absolute and unconditional. Case-neale v/s merret-agreement for sale of land ,afterwards amt. paid in instalments. • Acceptance must be in the prescribed manner. • The Promisor cannot prescribe the way of refusal. • Rejected offers cannot be accepted untill it is renewed. • The acceptor must be aware of the proposal at the time of acceptance. • Acceptable may be express or implied. • Communication of acceptance an offer is necessary. (the case of POWER VS. LEE need to be mentioned here) 9. Acceptance must be made before lapse or withdrawl of offer.

  6. Law Relating to communication and Revocation of Proposal and acceptanceAcc. to sec 3 of the indian contract act , “Communication of Proposal ,acceptance of proposal and revocation of Proposal and Acceptance, respectively are deemed to be made by an act or omission of the party proposing , accepting or revoking by which he intends to communication such proposal,acceptance or revocation.The various rules applying on the above situations can be divided into four parts :- A. communication of proposal B. Communication of acceptance • C. Revocation of proposal • D. Revocation of acceptance

  7. Methods or Modes of Revocation of offer According to section 6 of the contract Act, the following are the modes by which an offer can be revoked :- • By offer • By lapse of time • Not being accepted according to the mode prescribed • By non-fulfillment of essential precondition • By death or instainty of the proposer • By counter-offer • By death or insainty of the acceptor • By change in law • By non-acceptance or rejection of the proposal

  8. Communication and Acceptance of special Conditions Case--Parker v/s S.E.R. Railway Company

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