Offers may be presented in a letter, newspaper advertisement, fax, email verbally or even conduct, as long as it communicates the basis on which the offeror is prepared to contract..
A writes to B offering to fix his roof for five thousand rupees.
He posts the letter on 2nd July.
The letter reaches B on 4th July.
So the communication is said to complete on 4th July..
For example, X of Agra has sent his offer via letter by post to Y of Lucknow, offering to sell his property for Rs. 10 lakhs.
The letter is posted on March 5, and this letter reaches Y on March 7.
Thus, it can be said that the communication of the offer made by the offeror/promisor was completed on March 7.Sep 4, 2023.
Communication of offer in contract law is only complete when it is conveyed to the other party and is accepted by them.
The offer can be dispatched through any common means such as post, email, telephone or through word of mouth..
The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer..
Communication of Offer Acceptance and Revocation
Communication of offer in contract law is only complete when it is conveyed to the other party and is accepted by them.
The offer can be dispatched through any common means such as post, email, telephone or through word of mouth..
Offer is part of contract negotiations where a party agrees to do or not do something in exchange for consideration.
An offer must be stated and delivered in a way that would lead a reasonable person to expect a binding contract to arise from its acceptance..
Communication of offer in contract law is only complete when it is conveyed to the other party and is accepted by them.
The offer can be dispatched through any common means such as post, email, telephone or through word of mouth..
In contract law, communication of offer and acceptance refers to the exchange of proposals and agreement between two or more parties that creates a legally binding contract.
The Indian Contract Act, 1872, defines the rules and regulations for offer and acceptance that govern such communication..
Section 4 of the Indian Contract Act 1872 says that the communication of the offer is complete when it comes to the knowledge of the person it has been made to..
An offer is a manifestation of willingness to enter into a contract, effective when received.
It must be communicated to the offeree, be made intentionally (according to an objective standard), and be definite enough to determine a remedy in case of breach..
The offeror may express or impliedly waive the need for communication of acceptance by the offeree e.g. where goods are dispatched by an offeror in response to an offer to buy them by the offeree.
The general principle is that a contract is formed when acceptance is actually communicated to the offeror.
Where the terms of the offer are too vague a contract will not be enforced by the court and any acceptance will not be valid.
In Scammell v Ouston (1941) (HoL)the phrase ‘on hire purchase terms’ was not defined and was therefore too vague to be enforceable.
In order to be valid, acceptance must be communicated to the offeror.
If the acceptance is posted then it is valid at the moment it is posted (see Postal Rule below).
If the method of communication is instantaneous then acceptance will be valid upon receipt by the offeror (Entores Ltd v Miles Far East Corp (1955) (CoA)). Acceptance was communicated.
The conduct of the offeree can indicate acceptance.
In a situation where the offeree says nothing but their conduct indicates that they intend to accept then this can equate to a binding acceptance (Brogden v Metropolitan Railway Co (1877) (HoL)).
Brogden informally supplied coal to the Metropolitan Railway.
The two parties decided to create a form.
However, there will be occasions where an otherwise vague or ambiguous phrase may be given specific meaning by the courts.
To give effect to the intentions of the parties, the court can look to standard commercial practice or the previous dealings of the parties to define any ambiguous term.
The courts should interpret words in an agreement in such.
The offeree must be responding to an offer when they accept.
They cannot accidentally accept an offer without knowing it exists (R v Clarke (1927) (HC of Australia)).
The Australian government offered a reward for information about a crime.
Clarke was a prisoner who provided information but had forgotten about the existence of the reward.
Therefore.
The offeree’s motive for accepting is not important as long as they know about the offer (Williams v Cawardine (1833) (HC)).
On her deathbed Mrs Cawardine gave the police information about a murder because she wanted to die without it preying on her mind.
When her descendants tried to claim the reward it was refused because the information had not .
The offeree’s silence cannot equal acceptance.
Silence is not clear enough a response to lead to a valid acceptance (Felthouse v Bindley (1862) (Court of Common Pleas)).
Felthouse offered to buy a horse from his nephew (Bindley).
He said that if he heard no more from his nephew then he would consider the horse his.
Bindley accidentally sold the hor.
Sometimes in commercial contexts there can be confusion as to who the offeror is and who the offeree.
In Butler Machine Tool Co Ltd v Ex-Cell-O Corporation Ltd (1979) (CoA)the court ruled that in commercial negotiations the contract will be concluded on the terms of the party which submits their terms last.
This is called the ‘last shot’ rule.
In t.
The traditional contract law rule is that an acceptance must be the mirror image of the offer.
Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they impliedly indicated an intent by the offeree to reject the offer instead of being bound by its terms.
Communication of acceptance is unnecessary where that right is waived by the offeror to the offeree.
The offeror may express or impliedly waive the need for communication of acceptance by the offeree e.g. where goods are dispatched by an offeror in response to an offer to buy them by the offeree.
Basically this act or law is telling us that for any contract to be binding, an acceptance of the offer must be communicated to the offeror (proposer).
Where Lord Denning stated that the offeree must communicate acceptance or someone authorised by the offeree.
The offeror may express or impliedly waive the need for communication of acceptance by the offeree e
g where goods are dispatched by an offeror in response to an offer to buy them by the offereeThe general principle is that a contract is formed when acceptance is actually communicated to the offeror
An offer is a statement of the terms on which the offeror is willing to be bound
It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree
Basically this act or law is telling us that for any contract to be binding, an acceptance of the offer must be communicated to the offeror (proposer)
Where Lord Denning stated that the offeree must communicate acceptance or someone authorised by the offeree
