According to Section 14, Consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake. Standing offer or tender may be of the nature of a continuing offer. Contracts over telephone : Contracts over telephone or telex are treated on the same principles as those when the parties are facing each other. Acceptance must be given within the time stpulated or within a reasonable time if time is not mentioned. He will also be bound by the conditions if he knew of their existence, though they are in a language unknown to him.
The most obvious example of such an offer is where a reward is publicity offered to any about that object, who will recover a lost object or wll give some information, there the party claiming the reward has not to prove anything more than that he has performed the conditions on which the reward was offered. In India, the principle was applied in the case of Har Bhajan. Harbajan Lal who knew of the reward, found out the boy at a Railway station Dharamshala ,and took to the police station. B revokes his acceptance by telegram. If he does, he is liable to compensate the agent for the loss caused to him thereby. As per the rules of Valid acceptance, acceptance must be communicated. Illegal: If the contract has been made with an unlawful object it is called Illegal Contract.
Not declared to be void. The first part of the definition of the offer emphasises this requirement. Thus, a contract with standard terms and conditions are drafted by one party and on the same terms contract is made with numerous persons having similar interest in the contract. In this offer un-certainity can be seen. In reply only lowest price was quoted and this quoting of the price was not an offer.
On the other hand if offer is made to a group of persons, it is called general offer. Hence, the process of concluding a contract through an agent involves a twofold relationship. Consideration 2 d :- When at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing or promises to do or to abstain from doing something such act or abstinence or promise is called a consideration for the promise. If the proposal lays down a mode of acceptace, the acceptance must be according to the mode prescribed. Offe r must be distinguished from i Mere invitation to an offer. To receive offers from people and negotiate the terms on which the contract will be created.
It is to be noted here that the rejection of a proposal by the person to whom it is made is wholly distinct from revocation. In this case husband offers to send money to his wife at regular intervals of time for the purpose of medical treatment to which she gives acceptance. If any of these elements is not satisfied by an agreement, it will affect the validity and will not form a valid contract. A obtains a coal mine on lease. Without contract Act, it would have been difficult to carry on trade or any other business activity and in employment law. Communication of Revocation : Sec.
But a general offer can be accepted by any persons having notice of the offer by doing what is required under the offer. Silence cannot be prescribed as mode of acceptance: The offer cannot frame his offer in such a way as to make the silence or inaction of the offeree to operate as an acceptance. The decision made in case of Harvey and Facey, is important to note in this connection. If the parties have failed to agree upon the terms of the contract but have made an agreement to agree in future, there is no contract, example: An actress was engaged by a theatrical company for a certain period. But at times, offerer does not specify any period to give acceptance. You being an advocate dealing in property matter have been approached by A, seeking a legal advice on the. A proposer cannot also dictate terms under which the offer can be refused.
Notice of revocation will take effect only when it comes to the knowledge of the offeree. It will be taken as a new offer from B, which may not be accepted by A. Offer may be general or specific: An offer may be made to definite person or persons or to the world at large. It was held, that the offer was a general one, and Mrs. J, who had a running account with B, placed an order with B for supply of certain goods. B accepts the proposal by a letter sent by post.
Is there a contract between A and B? B was under no obligation to make any order at all. The case of Farine v Ficker. Example: X and Y have drafted their agreement on Rs. The buyer accepted the offer on Monday but the seller after waiting for three days had sold the wool. Amar agreed to give him Rs10000 While Amar was in the process of obtaining the money to give to Bharat and Ram, the phone rang. A owns four different cars. Later on, he came to know of the reward and sued G for the reward.
Agreements of a social or domestic nature which do not contemplate a legal relationship are not contracts. In English law an acceptance cannot be revoked, once the letter of acceptance is properly posted, the contract is concluded for both the parties. It was a clear case of undue influence and the contract was held voidable by the court. Ram pleaded and said that if Amar could give him Rs10000, he would not have to go any further to collect money. Thus, any agreement, if it is illegal, immoral, or against the public policy, cannot become a valid contract. Essentials of a Valid Offer 1. Here, the tenderer must supply whenever an order is placed.
In an offer, there is an intention to enter into a contract, of the party, making it and thus it is certain. Past consideration is not consideration according to English law. A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards. The person making the declaration will not be liable to the person who has suffered some loss because of relaince on the delcared intention. T ender A person may invite tenders for the supply of specific goods or services. The Act defines an agreement as every promise and set of promises forming consideration for each other Section 2 e and a contract as an agreement enforceable by law Section 2 h. If the whole conversation is repeated and the offeror hears the words of acceptance, the contract is complete Kanhaiyalal V.