Communication of Offer (When Completes)
Communication of Offer (When Completes)
Communication of Offer (When Completes)
communicating the offer to the offered . Section 9 explains the way of the communication, it
is said to be express. In so far as such proposal or acceptance is made otherwise than in
words, promise is said to be implied.”
in the case haji Mohd Ishaq v. Mohd Iqbal, The defendant acknowledged goods supplied by
the claimant and paid part of the price as well. It was held that the defendants were liable to
pay the balance left because their actions signified the plan and its approval.
The defendant called the fire brigade in upton rural district council v.powell (as fire broke out
in his farm) claiming he was entitled to the free service.
According to sec 4 of the act the Communication of the acceptance is complete, as against the
promisor, when it is put in course of transmission to the promisor so as to be out of the power
of the acceptor, as against the acceptor, when it comes to the knowledge of the promisor.
For example, as soon as B drops a letter of acceptance in mail back to A, A is bound by the
promise. However, B is not bound by it unless A receives the acceptance letter. In the case of
Adams v. Lindsell , it was held that a contract arose as soon as the acceptance was posted by
the acceptor. In this case, the plaintiff received the offer to sell wool on 5th and they posted
an acceptance, which was received on 9th by the defendants. The defendants, however, had
already sold the wool on 8th. The court observed that the contract must arise as soon as the
acceptance is posted and is gone out of the reach of acceptor otherwise this will result in an
infinite loop.
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THE INDIAN CONTRACT ACT, 1872 section 3
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THE INDIAN CONTRACT ACT,1872 Paperback – 2015 by Narendra kumar
Specific and General Offer
An offer can be made either:
1. To a definite person or a group of persons, or
2. To the public at large.
2. The offer must be certain definite and not vague unambiguous and certain.
Example:
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Pollock & Mulla - The Indian Contract Act, 1872 page 110-112
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THE INDIAN CONTRACT ACT, 1872 SECTION 4
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Indiancaselaw.com/lalman Shukla vs gauri dutt
Example: A vendable to B. 100 tons of crude' The bid is unclear, because there is nothing to
prove what sort of oil will be offered.
3. The offer must be capable of creating legal relation. Not having legal partnership is a
social invitation. A social invitation, even if accepted, does not establish legal relationship
because legal relationship is not so planned. Therefore, when accepted an offer must be such
that it will result in a binding contract.
Example: B has been invited to a dinner and B has accepted the invitation. This is a pure
invitation to society. And A is not responsible