First page of the edition of the Napoleonic Code.
Intention to Create Legal Relationship An offer must intend to create legal relations, An offer must be such that when accepted, it will create legal relationship among the parties 2. Certain and Unambiguous Terms The terms of the offer must be certain and unambiguous and not vague.
If the terms of the offer are vague, no contract can be entered into because it is not clear as to what exactly the parties intended to do. Bar if X is a dealer it?
Coconut oil only, it is clear that he wants to sell coconut oil. Hence, the offer is certain.
Different from a Mere Declaration of Intention The offer must be distinguished from a mere declaration of intention. Such statement or declaration merely indicates that an offer will be made or invited in future. It was held that the letter was a mere statement of intention and not an offer.
Different from an Invitation to Offer An offer must be distinguished from an invitation to offer. In case of an invitation to offer, the person making an invitation invites others to make an offer to him.
It is prelude to an offer inviting negotiations or preliminary discussions.
Example Goods were displayed in the shop for sale with price tags attached on each article and self service system was there. One customer selected the goods. It was held that the display of goods was only an intention to offer and the selection of the goods was an offer by the customer to buy and the contract was made when the cashier accepted the offer to buy and received the price.
Boots Cash Chemists Ltd. An offer is complete only when it is communicated to the offeree. One can accept the offer only when he knows about it. Thus, an offer accepted without its knowledge does not confer any legal rights on the acceptor. Example G sent his servant L to trace his lost nephew.
When the servant had left, G announced a reward of Rs to anyone who traces the missing boy. L found the boy and brought him home. When L carne to know about reward, he filed a suit against G to recover the reward.
It was held that L was not entitled the reward because he did not know about the reward when he found the missing boy. It means that while making the offer, the offerer can not say that if offer is not accepted before a certain date, it will be presumed to have been accepted.
Example X writes a letter to Y. I offer to sell my car for Rs 1,00, Here if Y does not reply, it does not mean that he has accepted the offer. Example X purchased a steamer ticket for travelling from Dablin to White Haven and on the back of the ticket, certain conditions were printed one of which excluded the liability of the company for loss, injury or delay to the passengers or his luggage.
X never looked at the back of the ticket and there was nothing to draw his attention to the conditions printed on the back side.
His luggage was lost due to the negligence or the servants of the shipping company. It was held that X was entitled claim compensation for the loss of his luggage in spite of the exemption clause because there was no indication on the face of the ticket to draw his attention to the special terms printed on the back of the ticket.
Stevenson] Advertisement What are the rules of a valid offer?Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind.
This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation and unjust enrichment. Discuss the effect of mass media on socializing people. Legal Rules Regarding a Valid Offer: The offer must be capable of creating legal relationship: If the offer does not intend to give rise to legal consequences, it is not a valid offer in the eyes of law.
Sometimes, offers are made which are social in .
A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies. Contract law recognises and governs the rights and duties arising from agreements.
In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. The Tax Season is now closed. Unsure if you needed to submit a tax return during the tax season? Complete our short online form to see if you needed to submit a return.
Maryland Lawyer's Rules of Professional Conduct PREAMBLE, SCOPE AND TERMINOLOGY PREAMBLE: A LAWYER'S RESPONSIBILITIES  A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.
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