Tutorial notes on offer & acceptanceFull description
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Offer & Acceptance notes for B.com studentsFull description
Bahasa Inggris kelas 11 K13Full description
Acceptance and MindfulnessTreatrments Children AdolescentsFull description
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Edited by two leading mental health professionals, Mindfulness, Acceptance, and Positive Psychology is the first book to successfully integrate key elements of acceptance and commitment therapy (AC...
Descrição: Acceptance and MindfulnessTreatrments Children Adolescents
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Descripción: Acceptance and MindfulnessTreatrments Children Adolescents
Edited by two leading mental health professionals, Mindfulness, Acceptance, and Positive Psychology is the first book to successfully integrate key elements of acceptance and commitment therapy (AC...
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Annex 1Full description
this is my provisional offer letter
Chapter 2: Offer andAcceptance
1
What is `Offer/Proposal` ± A Proposal is defined as "when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal." [Section 2(a)].
How an Offer is made? ± An offer can be Expressed offer Implied offer Specific offer General offer
2
Basis
of a Contract
Agreement on the terms: ³meeting of the minds´ (consensus ad idem) Another ground: reasonable reliance ± Cf. Standard form contracts with banks
How do courts determine existence of a contract? ± Offer and acceptance
3
What
constitutes an offer?
The offer must show an obvious intention on the part of the offerer to be bound by it. The offerer must make the offer with a view to obtaining the assent of the offeree to such act or abstinence. The offer must be definite. It must be communicated to the offeree.
4
Legal
Rules As To Offer
Offer must be such as in law is capable of being accepted and giving rise to legal relationship. Terms of offer must be definite, unambiguous and certain and not loose and vague. ± Even if the vague offer is accepted it does not create any contractual relationship ± If any machinery for ascertaining a vague term is included in the agreement, the agreement is not void on the ground of its being vague.
An offer may be distinguished from: ± A declaration of intention and an announcement. ± An invitation to make an offer or do business. Ex. Display of good in a showroom. Contract is made when the person pay to cashier the amount for the goods not when he selects the goods. Newspaper advt to pay amt who find lost dog for the first time.
5
Offer must be communicated. ± Acceptance of offer in ignorance of offer is no acceptance at all.ex//1)unknowingly returning the lost item.2)lalman vs gauridatt case of lost nephew.
Offer must be made with a view to obtain assent. Offer should not contain a term the noncompliance of which may be assumed to amount to acceptance. A statement of price is not an offer.
6
Tender ± It is a response to an offer ± It is also an offer and may be either A definite offer to supply specified goods and services A standing order- a continuing offer. W henever the requirement arises, the goods will be supplied for which distinct contract will be made each time.
Specific terms in contract ± Must be made clear at the time of entering into contract. Else the offeree will not be bound to it. Ex//- notice in hotel room ± Conditions written in receipt or voucher which are not supposed to contain the conditions of contract, do not bind the receiver. ± Acceptance of documents containing the contract implies acceptance of all the terms provided it does not include Misrepresntaion of fraud Insufficient terms
Cross offer 7
Acceptance ± Expressed ± Implied W hen
it is gathered from the surrounding circumstances or the conduct of the parties.
Who
can accept
± Acceptance of particular offer ± Acceptance of general offer
8
Legal
rules as to acceptance
± Acceptance must be absolute and unqualified. ± Acceptance must be communicated to the offeror. ± Acceptance must be according to the mode prescribed or usual and reasonable mode ± It must be given within a reasonable time ± It can¶t precede an offer ± It must show an intention on the part of the acceptor to fulfil terms of the promise. ± It must be given by the party to whom the offer is made. ± It must be given before the offer lapses or before the offer is withdrawn. ± It cannot be implied from silence.
9
Acceptance subject to contract Acceptance to agree in future
10
Communication of offer, acceptance and revocation Mode of communication ± Expressed ± Implied When
is communication complete
1.Communication of offer 1.
When
it comes to the knowledge of offeree.
2.Communication of acceptance 1. As against the offeree- when it comes to the knowledge of the offeror. 2. As against the offeror- when it is put into a course of transmission to him and out of the power of offeree. 3.Communication
of revocation(of offer
or acceptance) 1.
For the person revoking,on the day when it put the revocation into a course of transmission
2.
For the other party, when he receives it.
11
Time for revocation of offer and acceptance ± Time for revocation of proposal: Before
offeree put his acceptance into transit.
± Time for revocation of acceptance Before
it comes to the knowledge of offerer.
Loss
of letter of acceptance in postal transit Contracts over telephone or telex or oral communication
12
When
an offer come to an end?
Revocation or lapse of offer::An offer is revoked by:: ± Communication of notice of revocation by the offeror at any time before its accepatance is complete as against him. ± If it is not accepted within the prescribed time ± Non fulfilment by the offeree of a condition precedent to aceeptance ±
By
death or insanity of the offeror, only if the offeree is aware of it
± If a counter offer is made to it ± If offer is not accepted a/c to prescribed mode ± If the law is changed
Rejection of Offer ± Expressed rejection ± Implied rejection In case of counter offer or conditional acceptance.
