What is an Offer and When Offer Can Be Revoked or Broken

What is an Offer and When Offer Can Be Revoked or Broken

A contract cannot, ordinarily be created by a bare promise or even set of promise. It is essentially a bilateral(of two side or by the two party) transaction which can only  be concluded by the acts of both parties.For its creation , it is necessary that tow or more parties should have reached an agreement and before this can be done, it is ecessary that one party should have stated his terms to the other party. Thus an agreement is made when one party accepts an offer made by the other party.

So the offer or proposal is an initail step towars contract making. A proposal is a suggestion, sometimes a written one. Present for acceptance or refusal or consideration.

Proposal may mean an offer, as of marriage, an introduction and it may also mean an expression of intention or design. An offer sometimes referred. An offer, by one person to another, of terms and conditions with reference to some work or understanding , or for the transfer of property.To constitute a valid proposal the person making it must declare his willingness which extends to almost being a request, a proposal is not complete. Thus an offer is considered to be so only if the person making it manifests his willingness to do or abstain from doing something.

Proposal must contain clear and certain terms laid down by the offeror. If a proposal contains uncertain or ambiguous terms which do not express clearly offeror,s intentions and desires then it cannot be considered a valid proposal.Another important element of a valid proposal or offer is that it should be made with an intention of obtaining the assent of the other party for example the party to whom the offer is being made. An offer must be made with an intention to create legal obligation. If an offer is made without  any intention of entering into a legal relationship with the other party , it would not be a valid offer in the eye of law. let us explain it with the examples: "A" offer "B" to have dinner with him, which "B" accept. This is not an offer made to enter into a legal relation.Whereas when "A" offers to sell his car to "B" for Rs:200000/, he is making an offer with the intention of entering into a legal relationship , having legal obligations.

        Revocation or broken of proposal or offer: Revocation is defined as law , the withdrawal by the oferee of an offer that had been valid until withdrawn. Act or instance of annulling by recalling or taking back. A proposal may be revoked any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Now the question arises when the communication of acceptance is complete as against the prosper. This will be answered by communication of acceptance is complete as against proposer when it is put in course of transmission to him, so as to be  out of the power of the acceptor. The offeror can revoke his offer at any time by sending a notice of revocation to the offeree, before its acceptance. Proposal is a vital and initial step of a contract, it may be express or implied, general or specific but there must be an expression of willingness by one person to another to do something or not to do something with the intention to obtain the assent of the other person to that act or abstinence, having in legal consequences.

Communication of proposal complete when the person to whom it is made, comes to know that . It can be revoked at any time before the acceptance is complete.

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