Tuesday, 19 September 2017

Silence cannot be prescribed as mode of acceptance


Acceptance must have to be communicated to the offeror otherwise will not create any legal bindover


Monday, 28 August 2017

CROSS OFFER

incase if observe, the above slide the horse Vendor made an offer to sell his horse to the lady.  The Lady also without knowing the offer made by him made an offer to the Vendor to purchase the horse.  Here, both the parties exchanged offer without knowing the others 'offer. But, the subject matter here (horse) is same. Hence, this is across offer.
 Hence, cross offer must-have to satisfy the following2 conditions.


 1) offers Exchange doghouse the knowledge of their Counterpart's offer.


 2) The terms and conditions of the offers of both the Parties are identical (or) so identical.


 Hence, we must have to question ourselves whether there is a valid contraction between booth the parties or not?


 Ans.    No    There is no Contract. Because Both they exchanged often only. No one accepted no one's offer.
 An offer alone will not make a valid contract.

Sunday, 27 August 2017

COUNTER OFFER

Let me extend the example to the further extent, after the customer offered to purchase at 35 rupees the shop keeper denied to sell his bottle at that price. Then, because of the lady is thirsty and having no option to go else where she is ready to purchase at 50 and asked the shop keeper to have the bottle. But, shop Keeper rejected to give at 50 now. This Lady is arguing with the shop keeper why don't he give even she ready to pay 50 rupees. Whether, the argument of lady is tenable or not?
ANSWER: Her argument is not tenable. Because of the reason is 

WHEN A COUNTER OFFER IS MADE BY THE OFFEREE THE ORIGINAL OFFER MADE BY THE OFFEROR STANDS TO BE DISOLVED.  

Thursday, 24 August 2017

SPECIAL OFFER

Special Offer means if the offeror makes an offer to a particular person, it is a special offer. Here, in above image HENA is offering to MICHEL. Here, HENA wants to enter into contract with MICHEL only. Even the other persons are having knowledge of offer not able to accept the offer.
     In other words an offer which can be accepted by only the person/s to whom it is meant, is a special offer.

Sunday, 20 August 2017

Is Natural Person is Must in a contract?

by the above presentation we may conclude that an individual may enter into a contract with another individual. A Company may enter into contract with another company. A Company may enter into contract with an individual. the conclusion is "either of the parties or both need not to be always individuals in a contract."

COMPLETE OFFER MUST HAVE TO COMMUNICATE



Saturday, 19 August 2017

ESSENTIALITIES OF A VALID OFFER

whether the first party who is offering to sell one of his cars is making a valid offer?
Here, the answer is NO  . because the offeror is having 4 cars and willing to sell only one car.
and he is not clearly stating which colour car he would like to sell. And the offer must not create ambiguity(confusion) in the mind of offeree.
Hence, TERMS AND CONDITIONS OF AN OFFER MUST BE CLEAR BUT NOT UNCERTAIN

Friday, 18 August 2017

Now we will examine whether this guy is making an offer or not.
Here, the answer is "YES". Because he made an offer to that lady in case, if she accepts to continue with the contract. Hence, here he is an intention to create legal relationship with her.
OFFER MUST HAVE TO MADE WITH AN INTENTION TO CREATE LEGAL RELATIONSHIP. 
Now we have to examine whether this guy is making an offer or not?
as in the image Just he announces his intention/openion but he is not ready to contract with any body.
It is a mere expression of openion but not an offer. But, Why?
Because a mere expression of openion wihtout an intention to get the other party's acceptance is not a valid offer.

Monday, 10 July 2017

INDIAN CONTRACT ACT, 1872

IF you observe the above flow chart, an Agreement which is enforceable by law is a contract.
  1. It means each one of us may enter into many agreements in our day to day life.
  2. it may be knowingly or unknowingly.
  3. But all of them will not be contracts.
  4. because, such an agreements may not have enforceability.
To get Enforceability to an agreement the following are required
  • A valid offer
  • a valid acceptance
  • a valid consideration
  • capacity of parties
  • free consent
  • legality of object and consideration
  • it must not a void agreement
  • and a few more other legal requirements are needed.
Hence, each and every agreement will not become a contract. If the above things are supported then only it becomes "a contract"

Here Mr Shyam promise to sell his car. For his promise he will get rupees 5 lacs as return from Mr Raja. Here the money received by Shyam...