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Business Law Offer and Acceptance

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Page 1: Business Law Offer and Acceptance

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Page 2: Business Law Offer and Acceptance

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VAIBHAV POILKAR AVINASH VICHALE

GANESH KHANDAREHEMANT SADKE

RAVINDRA RAJAKVIKRAM PISALVINAYAK DOKEVINEET KUMAR

Presented by :-

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Definition:- A person is said to have make a proposal

when he “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 act or abstinence”.

The person making the offer is known as offeror, proposer, or promisor and the person to whom it is made is called the offeree or proposee.

For e.g- A person says to B , “will you purchase my laptop

for Rs.15000.”

Offer [Sec2(a)]

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Offer must be such as in law is capable of being accepted and giving rise to legal relationship.

The terms of offer must be definite, unambiguous and certain and not loose and vague.

Eg:- If Ganesh wants to sell his watch to Vaibhav. But Ganesh owns five different watch. The offer isnot definite. Offer must be communicated.e.g:- If A person wants to sell mobile to B then

person A must be communicated to B at what price he wants to sell his mobile.

A statement of price is not an offer.

Legal rules as to offer:-

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Express offer Implied offer General offer Specific offer Counter offer

Cross offer Standing offer

Types of Offer

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When offer is given to another person either in writing or in oral.

Express offer

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When offer is given to another person neither in writing nor in oral.

Implied offer

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When an offer is made to the world at large, it is called general offer.

e.g. :- If I invite all classmate for my birthday party, then it is general offer.

General Offer

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When an offer is made to a definite person, it is called a specific offer.

e.g. :- If I invite Hemant for my birthday party then it is an specific offer.

Specific Offer

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When two parties make identical offers to each other, in ignorance of each other’s offer , the offers are cross offers.

e.g. :- If A person gives invitation to B person to come at his house for Diwali festival, but at the same time B person invite A person to come at his house for Diwali festival.

Cross Offer

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A Counter offer is a rejection of the original offer and create a new offer.

This new offer is a Counter offer. e.g. :- Vaihbav offers to sell a car to Ajit at Rs. 2,00,000 but, Ajit says to Vaibhav he can give only Rs. 1,50,000 to purchase his car.

So offer created by Ajit is called Counter offer.

Counter Offer

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An offer which remains continuously enforceable for a certain period of time.

e.g. :- In Diwali time, many electronic company provide discounts and any other offer on the product.

Standing Offer

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By notice By death or insanity of the offerer/offree By lapse of time By not accepting in the prescribed mode or

usual mode By failure to accept condition president By counter offer By rejection of offer by offree By subsequent illegality or distraction of the

subject matter of the offer.

Modes of revocation of offer

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When a person made a proposal to another to whom proposal is made, if proposal is assented thereto, it is called acceptance.

A proposal, when accepted, becomes a promise.

The person accepting an offer is called as offeree, promisee and acceptor.[Sec2(c)]

countinued…………

Acceptance [Sec2(b)]

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E.g. :- When A person wants to sell his laptop for Rs.15000 to B person and when B person signifies his assent to buy that then it is said to be accepted.

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Legal rules as to Acceptance :-

It must be communicated to the other.

It must be given within a reasonable

time. It cannot precede an offer. It cannot be implied from silence.

It must show an intention on the part of the acceptor to fulfill terms of the promise.

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It must be given before the offer lapses or before the offer is withdrawn.

It must be given by the party or parties to whom the offer is made.

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THANK YOU