Offer (Proposal) 📣
Definition (Section 2(a)): "When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other... he is said to make a proposal."
Parties:
- Offeror / Proposer: The person making the offer.
- Offeree / Proposee: The person to whom offer is made.
Legal Rules for a Valid Offer 📜
- Intention to create legal relations: Not a joke or social invitation.
- Certain & Definite: "I will sell you oil" is not valid (Which oil? How much?). "I will sell 100L Coconut Oil" is valid.
- Communicated: The offeree must know about the offer. (Lalman Shukla vs Gauri Datt case - Finder of lost boy didn't know about reward, so couldn't claim it).
- Not a Request: It must be a proposal, not a plea.
- No Negative Condition: Cannot say "If you don't reply in 2 days, I assume you accepted."
- General vs Specific:
- General Offer: To the world (Anyone can accept). (Carlill vs Carbolic Smoke Ball Co.).
- Specific Offer: To a specific person.
Offer vs Invitation to Offer
Offer: "I will sell this book for ₹500." (Final willingness). Invitation to Offer: "Price list of books." (Inviting you to make an offer). Examples of Invitation: Menu card, Shop display, Auction notice.
Quiz Time! 🎯
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💡 Final Wisdom: "Be careful. A menu card is just an invitation. You ordering the food is the Offer. The waiter writing it down is the Acceptance." 🍽️
Next up: Acceptance - Saying Yes! ✅