Megha 18 January 2022
Section 9 of the Indian Contract Act, 1872 (ICA) defines both express and implied offer as follows:
"In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied."
From the above it is claear that an offer which is made otherwise than by words is an implied offer.
Inthe landmark case of Vishnu Agencies (Pvt.) Ltd. Etc vs Commercial Tax Officer & Ors., the Supreme Court held that "So long as the parties trade under controls at fixed price and accept these as any other law of the realm, the contract is at the fixed price, both sides having or deemed to have agreed to such a price. Consent under the law of contract need not be express; it could be implied."