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Mercantile Laws-I                                                 Neetu Singh, Lovely Professional University




                    Notes                             Unit 2: Offer and Acceptance


                                     CONTENTS

                                     Objectives
                                     Introduction
                                     2.1   Proposal (or Offer) and Acceptance [Ss. 3-9]
                                     2.2   Modes of making an Offer
                                     2.3   Differences 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   Contingent Contract Defined (S. 31)

                                          2.8.1   Quasi Contracts (Ss.68-72) (Certain Relations Resembling those created by
                                                Contracts)
                                          2.8.2  Cases which are treated as Quasi Contracts

                                          2.8.3  Quantum Meruit
                                     2.9  Summary
                                     2.10 Keywords
                                     2.11 Self Assessment
                                     2.12 Review Questions

                                     2.13 Further Readings

                                   Objectives

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




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