Offer or proposal is the
starting point in the formation of a contract.
Section 2 (a) defines proposal
as
“ When one person signifies to other his willingness to do or abstain
from doing anything with a view to obtaining the assent of that other to such
act or abstinence.”
The word proposal is
synonymous with the English word ‘offer’. The person making the proposal is
called the proposer or offeror and the person to whom the proposal is made is
called the offeree.
Example: A offer to sell his
motor cycle to B for Rs. 3000. B agrees to pay A Rs. 3000 for the motor cycle. Here
A is called the offeror or promisor and B the offeree or promisor.
Section 2 (a) reveals 3
essentials elements in an ‘offer’:
(a)
Expressions of
willingness to do or not to do something,
(b)
Made to another
person i.e. a person cannot make a offer to himself,
(c)
With the object
of gaining the consent of the other to such act or abstinence.
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