Meaning Of Offer|Types Of Offer | Implied, Specific, Express, Cross, Counter | The National TV

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Introduction

 

Offer is explained under Section 2(a) of the Indian Contract Act, 1872. When a person shows his interest or his willingness to do or abstain from doing anything to get the assent of another person, then he is making a proposal. Offer may vary from party to party. It can be based on conditions, circumstances, purpose, timing, etc.

 

 

Types of offer:

 

Express Offer Section 9 of the Indian Contract Act defines Express Offer. It is the offer that is expressed clearly in written or words or spoken about the offer. For eg - If A wants to see a house to B for 30,00,000 then he will directly tell him about this offer through any means.

 

Implied Offer Section 9 of the Indian Contract Act defines Implied Offer. This type of offer can be derived from the action or circumstances of the parties. RDC v. Powell In this case the defendant gets the service of the fire brigade and assumes this to be free. The Court held that Upton offered them their service because Powell asked him for the service. So it's implied that he will pay them back for their service.

 

General Offer General offer is for the public at large. This type of offer is not made for any specified group of people. Carlill v. Carbolic Smoke Ball Co. In this case, the company offered to pay 100 pounds to those who will be inflected to Influenza after taking their medicines. It was held that this offer was made through the newspaper so it was for the general public and if the person buys medicine after reading this advertisement then it's considered as acceptance.

 

Specific Offer When the offer is made to the specific person or a party then it is said to be the specific offer. The party can only accept the offer. Cross Offer Cross Offer means when the parties make the proposal/offer to each other and ignore their offer.

 

Cross Offer there's no acceptance of Offer. For eg - If A offers B to sell his phone for 10,000 and B ignores his offer and makes the proposal to buy his phone for 10,000.

 

Counter Offer When the party offers something but the offeree again makes an offer or proposal for the same offer then it is said to be the Counter Offer. Hyde v. Wrench, In this case, one party offered to sell the farm for 1000 pounds but the offer was rejected by offering 950 pounds for it. Later on the party gave acceptance to the first offer. The Bombay High Court held that there is no acceptance of the offer as when the party offered another proposal then it rejected the original offer.

 

 

 

 

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