Offer & Acceptance | #2 | Indian Contract Law | CLAT Series

the place of completion of the contract is that city where acceptance Recently my friend Razia got married to Fauzan, her childhood buddy. I wondered to myself, is this also a contract? WELL YES. A Muslim marriage is also a contract! It all starts with a ‘proposal’ Dramatic beginning, you say? This is how Section 2(a) of the Indian Contract Act responds: When one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal Thankfully, we’re at hand to resolve the drama! It means – now read carefully here – that a) if you want to do something, or not do something b) and you make it known to another person
  c) because you want that person to agree/accept to you doing or not doing that particular thing is what the law defines as ‘proposal’ So, proposal KYA HAI? It is the act of making it known or signifying to the other party about all of the above Now, when do you have to signify such a thing to another person? Only when you seek to get that person’s acceptance towards the same; but, why would another person have to agree to what YOU want to do or NOT want to do? That is because either that person is affected by your actions, or both of you have some form of common interest in whatever happens (i.e., consequence) AB SOCHO, you don’t have to take permission from your friend if you want to sleep on a lazy Sunday afternoon LEKIN if you are late in arriving at the multiplex for the first screening of Jurassic Park, you have to call your friend and request him to wait for 10 more minutes (good luck with that, though!) – by waiting those extra 10 minutes, both of you can walk in together and get adjacent seats. Common Interest hogya na? Once your friend signifies or makes it known that he agrees to your PROPOSAL, the proposal becomes a ‘PROMISE’ TOH SIMPLE HAI BOSS proposal + acceptance → promise A person making the proposal is called the ‘promisor’ AND jo proposal accept karta hai usse ‘promisee’ bolte hain ‘Offer’ KYA HAI? It is a proposal made with an intention of entering into an agreement IRAADE ke bina kuch nahi hota boss! OFFER & ACCEPTANCE samjhne ke liye it is very important to understand ki CONSIDERATION kya hota hai. “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing or does or abstains from doing, or promises to do or to abstain from something, such act or abstinence or promise is called a consideration for the promise”. CONFUSE HOGYE? BREAK UP KARO ISSE a) when the promisee or any other person b) does or does not do something, c) or agrees to do or not do something, d) after accepting the proposal the action of the promisee or the other person or the agreeing to the same, forms the consideration. TOH CONSIDERATION BOHOT IMPORTANT HAI A contract cannot be formed without consideration. Tere bina beswaadi beswaadi ratiyaan, oh sajna……oh humdum bin tere kya jeena?? Mr. Contract bhaisab singing for Mrs. Consideration LEKIN MERE PYARE BACHON An offer is different from an INVITATION to offer. “offer” is the final expression of willingness by the offer or to be bound by his offer LEKINNNN Where a party, without expressing his final willingness, proposes certain terms on which he is willing to negotiate, he does not make an offer but merely ‘invites’ the other party to make an offer on those terms ISSE kehte hain ……“invitation to offer.” Ab manlo…a book seller sends catalogue of books indicating price of various books to many persons. This is an ‘invitation to offer.’ The interested party may make an offer and the book-seller may accept or reject the offer. SIMPLE! AB BATAO….ACCEPTANCE KYA HOTA HAI? When the person to whom the proposal is made signifies his assent, it is an acceptance of the proposal. An accepted proposal is called promise or an agreement. An offer can be accepted only by the person to whom it is made. Ek example deti hoon…..JAB a lighted matchstick comes into with the trail of gunpowder, there would be explosion and then it will not be possible to bring the things back to the original position, similarly, after the offer is accepted it creates a contract whereby both the parties become BOUND and none of them can go back! BAS ITNI SI BAAT HAI! DEKHO WO AGYA…..DEKHO WO AGYAAAA ARRE KON AYEGA YAAR???!!! OBVIOUSLY HUMARA CLAT 2019 KA QUESTION. LAWYER BANNA HAI YA NAHI? TOH FOCUSSSS…. LAW KEHTA HAI….KI..communication of a proposal is complete when it comes to the knowledge of the person to whom it is made AB DEKHO BHAIYA….A‘ ne BHEJA SANDESA…B KO… making a proposal to ̳B‘ to purchase the house of B ..ab btao communication of proposal is complete when A sent the letter? YA FIR.. The communication of proposal is complete when B‘s wife received it?? YA fir yeh…The communication of proposal is complete when B‘s wife handed over the letter to B.. Ajee sunte ho…sandesa aya hai aaaapke liye…YA firrrrr finally Is the communication of proposal is complete when B reads the letter?Hmmmmm….obviously last wali situation hi sahi hai…because the communication of proposal was complete when B read the letter and it came to his knowledge. Dekho bhayi….Acceptance of a proposal jo hai naaa.. .it must be *absolute* and *unqualified*. Right? Ramesh made a proposal to sell his motorcycle to ‘Suresh’ for rupees 25,000/-. ‘Suresh’ agreed to buy it for rupees 24,000/-. ‘Ramesh’ ne kaha….hahahaha.. Get lost bete…I’m getting more money for my chamchamati bike… and sold his motorcycle to ‘Mogambo’ for 26,000/- the next day Ab Suresh ko aya gussa…usne kar dala case Ramesh pe for damages. Kya lagta hai? Suresh bhaisab jeet payenge ye case? BILKUL NAHI. BETTER LUCK NEXT TIME BRO. Suresh will NOT get any damages from Ramesh. NOW just look at what was asked in CLAT 2012 The law says….When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that person to such an act or abstinence, he is said to have made a proposal…. Yeh toh humne padh liya… Ab…. Ek mohtarma…Ramanuj.. He telegraphed to Shyam Sunder jiii, writing: “Will you sell me your Rolls Royce CAR? Telegram the lowest cash price. Ab Shyam Sunder jiii ne reply kara by telegram: “Lowest price for CAR is Rs. 20 lakh.” Ramanuj bhaisab ne immediately bheja apna consent through telegram stating: “I agree to buy the CAR for Rs. 20 lakh asked by you.” Lekinnn…Shyam Sunder jiiii refused to sell the car. Mann badal gya bhaisab ka. Ab aapki computer screen par options aarhe hain…..YEH… A…..He cannot refuse to sell the CAR because the contract has already been made B….He can refuse to sell the CAR because it was only invitation to offer and not the real offer YA FIRRRR C …. It was not a valid offer because willingness to enter into a contract was absent YA KYA APKO LAGTA HAI OPTION D HONA CHAIYE.None of these…? WELL SAHI JAWAB HAI…..DIL KI DHADKANEIN HOGYI HAIN TEZZZ……HAAAII… B!!!! BHAIYA INVITATION TO OFFER THA YEH…REAL OFFER NAHI.. TOH CAR SELL KARNE KE LIYE HE CAN RIGHTFULLY REFUSE. ALRIGHT GUYS!! TIME FOR US TO ASK YOU …. HUMARA SUPER LAWYER WALA QUESTION….AND LETS SEE IF YOURE ABLE TO ANSWER IT…..IN OUR FAVOURITE SEGMENT………THEEE RAPID FIREEE! THE Principle says: If a contract is made by post between two persons living in two different cities, then the contract is said to be complete as soon as the letter of acceptance is properly posted and It is worth mentioning here that in every contract there is always an offer from one party and the acceptance of the offer from the other party. NOW THE Facts are: Sani, a resident of Patna, gives an offer by post to sell his house for Rs. 25 lacs to Hani, a resident of Allahabad. This offer letter is posted on 1st January, 2013 from Patna and reaches Allahabad on 7th January, 2013. Hani accepts this offer and posts the letter of acceptance on 8th January, 2013 from Allahabad which reaches Patna on 16th January, 2013. But Sani presuming that Hani is not interested in accepting his offer, sells his house to Gani at same price on 15th of January, 2013. Hani files a suit against Sani for the breach of contract in the competent court of Allahabad. KYA LAGTA HAI BACHON…Will Hani succeed? Your Choices are as follows: (a)Hani cannot succeed as Sani cannot be compelled by law to wait for the answer from Hani for an indefinite period of time. (b)Hani cannot succeed as he could use some other effective and speedy mode for communicating his acceptance in minimum possible time. (c)Hani can succeed as he properly posted the letter of acceptance and the delay was beyond his control (d)Hani can succeed as contract became complete in the eyes of law on the date of posting the letter of acceptance. ANSWER PATA HAI?? BOHOT DESPERATION HO RAHI HAI BATANE KE LIYE KI I’M THE BEST! MAIN HOOOOON SUPER LAWYERRR! TOH JALDI SE COMMENTS SECTION PE ANSWER DAAL DO… AUR INCENTIVE KE BINA TOH MAANOGE NAHI AAP. HAINA? ONE SELECTED PERSON WITH THE CORRECT ANSWER WILL GET THE CHANCE TO HAVE THEIR NAME PUBLISHED IN “LAWZ MAGAZINE”… WHICH IS..INDIA’S LARGEST AND FIRST MONTHLY LAW MAGAZINE FOR ALL…SO IF YOU WANT YOUR NAME TO BE PUBLISHED WITH A FREE COPY…. THEN MAKE SURE YOU DONT LOSE THIS OPPORTUNITY….. AGAR AAPKO YEH VIDEO PASAND AAYI HO….AUR…..THODI BOHOT KNOWLEDGE BHI MILI HO…TOH KAR DO LIKE, COMMENT….AND ALSO…SHARE IT WITH YOUR MITROOOOOON BOHOT BOHOT DHANYAWAD….KEEP STUDYING HARD SEE YOU….BYYYEE…. IN OUR NEXT VIDEO ON CONSIDERATON

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