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Definition And Essential Elements Of A Valid Offer

Vidyadhan Academy Pvt. Ltd.
13/12/2016 0 0

Following points/topics are discussed under this article:

2.1.1.     Definition of Offer

An offer is the proposal by one party to another to enter into a legally binding agreement with him. The term ‘offer’ or ‘proposal’ is defined in Section 2 (a) of the Indian Contract Act, as under:

“When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal”.

The analysis of this legal definition shows that an offer consists of the following two parts:

(a) Expression of one person’s willingness to do or to abstain from doing something.

(b) Such expression should be made with a view to obtain the assent of the other person to the proposed act or abstinence.

The person making the offer is known as ‘offeror’, ‘proposer’ or ‘promisor’. And the person to whom the offer is made is known as ‘offeree’ or ‘promisee’.

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