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Offer
According to Section 2 (a) of the Indian Contract Act, 1872, An offer is an
expression of a person showing his willingness to another person to do
or not to do something, to obtain his consent on such expression. The
acceptance of the offer by such person may result in a valid contract. An
offer must be definite, certain and complete in all respects. It must be
communicated to the party to whom it is made. The offer is legally
binding on the parties.
Example:
A tells to B,I want to sell my motorcycle to you at Rs. 30,000, Will you
purchase it?
X says to Y,I want to purchase your car for Rs. 2,00,000, Will you sell it
to me?
The invitation to offer is made to inform the public, the terms and
conditions on which a person is interested in entering into a contract
with the other party. Although the former party is not an offeror as he is
not making an offer instead, he is stimulating people to offer him.
Therefore, the acceptance does not amount to a contract, but an offer.
When the former party accepts, the offer made by the other parties, it
becomes a contract, which is binding on the parties.
2
Example:
Menu card of a restaurant showing the prices of food items.
Railway timetable on which the train timings and fares are shown.
Government Tender
A Company invites application from public to subscribe for its
shares.
Recruitment advertisement inviting application.
Key Differences Between Offer and Invitation to Offer (Treat)
The following are the major differences between offer and invitation to
offer.
1. An offer is the final willingness of the party to create legal relations.
An invitation to offer is not the final willingness but the interest of
the party to invite public to offer him.
2. An offer is defined in section 2 (a) of the Indian Contract Act, 1872.
Conversely, an invitation to offer is not defined in the Indian
Contract Act, 1872.
3. An offer is an essential element to make an agreement between
the parties, but an invitation to offer is not an important element
until it becomes an offer.
4. An offer becomes an agreement when accepted. On the other
hand, an invitation to offer becomes an offer when the public
responds to it.
5. The main objective of making an offer is to enter into the contract,
whereas the main objective of an invitation to offer is to negotiate
the terms on which the contract can be made.
Lapse of Offer
Automatic 'closing' of an offer. Although no offer remains 'open'
indefinitely, a properly communicated written offer is said to be open
until it is revoked by the offeror before its acceptance or lapses due to
(1) non-acceptance before its expiration date,
(2) non-acceptance within a reasonable period (where no expiration
date is specified),
(3) the death either of the offeror or the offeree before its acceptance,
or
(4) having become illegal or impossible by the operation of law.
An orally communicated offer lapses when the conversation ends,
except where the continuation of the offer is clearly understood by both
the offeror and the offeree.