OFFER

Offer is an expression of willingness in order to make a contract with certain terms & conditions and that willingness has to be directed towards a specific person or specific class of person. The person who is making the offer is called offeror /promisor & the person against whom the offer has been made is called offeree/promise.

Example: Rahim a student & he has lost his book now he puts up a notice that if anyone finds
out his book he will give that person 10tk. Now Kamal reads the notice & find the book & brings it to Rahim. Here Rahims notice is an offer.

Rules Regarding Offer:

1)

An offer may be expressed or may be implied from the circumstance:

An offer can be of TWO types: a) Express Offer: An offer is made by stating so in words or in writing. b) Implied Offer: An offer is implied from the conduct of a person.

2)

An offer may be made to a definite person or to some definite class of persons:

It is a Specific offer. A person is making an offer to a specific person or he can made the offer to specific class of person.

3)

Legal relationship is required:

The offer must be one which is capable of creating a legal relationship. Here subject matter should be legal.

4) The terms of the offer must be certain, definite, unambiguous and not vague:
If the terms of an offer are not certain, definite or unambiguous then it is not an offer. Suppose X says to Y, I will give you some money if play cricket in my team This is not an offer which can be accepted because the amount of money to be paid is not certain.

5) A mere statement of intention is not an offer:

A distinction is usually made , between an offer and a statement of intention. Pricelists and catalogues and enquiries for customers are mere statements of intention.

6) An offer must be communicated to the offeree:

A person cannot accept an offer unless he knows the existence of the offer.

7) An offer may be conditional:

An offer may be made subject to conditions. In any offer if the offeror will put some additional conditions beside the main condition of the offer then it will be called conditional offer. In such cases, the conditions must be clearly communicated to the offeree.

8) Printed contracts:
Printed contracts are the standard forms of contract. Printed contracts often contain a large number of terms and conditions which exclude liability under the contract.

How an offer can be ended:

An offer comes to an end and is no longer open to acceptance under the following circumstances. a) By revocation b) By laps of time c) After expiry of reasonable time d) By failure of a condition precedent e) By death or insanity f) Counter offer g) By refusal h) Revocation of acceptance

What is acceptance?
If the offeree accepts all the terms and condition of the offeror unqualifiedly (as a whole) and without any bargain then it is called acceptance. .As an instance:A wants to sell his car by 2,00,000 to B within tomorrow so B has to accept it with all the terms and condition regarding that selling then it will be called acceptance.

Characteristics of acceptance.

Can't be counter offer Just has to say yes Can't modify Can't add Can't change Can't bargain

RULES REGARDING ACCEPTANCE 1.It must be an absolute and unqualified acceptance of all the terms and condition: .has to accept all the terms and condition .cant change, modify, bargain, add 2.Conditional acceptance: .offeree puts some additional terms after the acceptance .not valid by law

3.The acceptance must be expressed in some usual or reasonable manner: