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Commercial Law                                                        Pooja, Lovely Professional University




                    Notes                             Unit 2: Offer and Acceptance



                                     CONTENTS

                                     Objectives
                                     Introduction
                                     2.1   Proposal (or Offer)
                                     2.2   Modes of making an Offer

                                     2.3   Difference between Offer and Invitation to Offer
                                     2.4   Essentials of a Valid Offer
                                     2.5   Revocation of Offer
                                     2.6   Acceptance of an Offer
                                     2.7   Completion of Communication of Offer and Acceptance [S.4]
                                     2.8  Summary

                                     2.9  Keywords
                                     2.10 Self Assessment
                                     2.11 Review Questions
                                     2.12 Further Readings



                                   Objectives

                                   After studying this unit, you will be able to:
                                       Discuss offer and acceptance
                                       Describe modes of making an offer
                                       Discuss acceptance of an offer

                                   Introduction


                                   In last unit you have studied about law of contact. As we come to know that a contract is an
                                   agreement, enforceable by law, made between at least two parties by which rights are acquired
                                   by one and obligations are created on the part of another. If the party, which had agreed to do
                                   something, fails to do that, then the other party has a remedy. The Act imparts defi niteness in
                                   business transactions as it ensures that what a person has been led to expect shall come to pass
                                   and what has been promised to him shall be performed. Thus the purpose of the law of contract
                                   is to ensure the realisation of reasonable expectations of the parties who enter into a contract. This

                                   unit provides you significant understanding of offer and acceptance. This unit also discusses the
                                   concept of consideration.
                                   2.1 Proposal (or Offer)


                                   Offer is not only one of the essential elements of a contract but it is the basic building block also.
                                   An offer is synonymous with proposal. The offeror or proposer expresses his willingness “to do”
                                   or “not to do” (i.e., abstain from doing) something with a view to obtain acceptance of the other




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