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Atharv Sankliya   05 August 2022

Electronic contract

how to identify offer ,invitation to offer and acceptance in electronic contract ??



Learning

 3 Replies

Dr J C Vashista (Advocate)     05 August 2022

Vague and academic question.

Swadha   08 August 2022

Offer Section 2(a) of the Indian Contract Act, 1872 defines proposal. When one person signifies his willingness to do or abstain from doing something with a view to obtaining the assent of another person is called a proposal.

The person who makes an offer is called the Offeror and the person to whom the offer is made is called the Offeree.

When this proposal or offer is accepted by the offeree, it becomes a promise.

1. Definition
Invitation to offer
: An invitation to offer is not an offer, but an indication of a person’s willingness to negotiate a contract.
Offer: When one person signifies his willingness to do or abstain from doing something with a view to obtaining the assent of another person is called an offer.

2. Purpose
Invitation to offer: Invitation to Offer is made to get an offer.
Offer: The offer is made with the objective to get accepted.

3. Defined In
Invitation to offer: It is not defined in the Indian Contract Act, 1872.
Offer: It is defined in section 2(a) of the Indian Contract Act, 1872.

4. Acceptance
Invitation to offer: An Invitation to Offer becomes an offer.
Offer: Offer becomes an agreement when accepted.

5. Legal Consequences
Invitation to offer: Invitation to Offer does not give rise to legal consequences.
Offer: Offer gives rise to legal consequences.

6. Made To
Invitation to offer: Invitation to offer can be made to a group of people.
Offer: An offer is made to a particular party.

What is an Acceptance?

An acceptance is “a manifestation of assent to the terms [of the offer] made by the offeree in the manner invited or required by the offer.” In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror.

1 Like

Dr J C Vashista (Advocate)     09 August 2022

Academic lecture for a time pass question without correlating to specific query of author.

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