LAB Assignments

Answer any one of the questions 1 and 2. Question number three is compulsory. Each question carries 15 marks and
total marks 30.

1. What is an “offer”? When is it complete? State the rules of a valid offer.

An offer is understood as a proposal. A basic contract relies on a block which is called an offer. According to section
2(a) on the India Contract Act

“An individual or group will have to the maid the offer when they want to imply their thoughts on another or to avoid
doing anything with a perspective without the consent of others is termed as offer”.

Parties or groups of people involved in an offer. The parties are

a. Offeror – A person who is making an offer to other the person is called offeror or propose.

b. Offeree – A person whom the offer is made by another person is called offeree or proposee.

According to section 2(c) when the offer is given by offeror to the offeree when he/she accepts the offer then he/she
will become an acceptor of that offer. The moment offer is accepted by proposee with acceptance of all terms and
conditions at that time the offer is complete.

Types of offer:-

a. Express Offer: This offer is made through simple words. It can be in the form of oral or maybe in writing. The oral
offers can be made face to face or on the telephone. While a written offer can be made through text messages,
letters or an email.

b. Implied Offer: It is an offer which is made through acting or signs. But if the person or party observes a silence
over the offer then this offer is not valid.

c. Specific Offer: It is an offer that can be made to a particular person or a group of persons and can only be
accepted by the same is called a specific offer. For example, Mark wants to sell his can to Sophie for RS10 Lakhs,
which means this offer, is for a specific person and can only be accepted by Sophie.

d. General Offer: This offer made for everyone and can be accepted by anyone by just abiding the terms and
condition of the offer.

e. Cross Offer When both parties offering the same offer to one another without knowing about each other offers
are called cross offers.

f. Standing/Open Offer:- If the nature of an offer is continuous then it is term as an open offer.

Rule of valid offer:

a. Expectation to create legal relationship: When we make any offer it should be a lawful relation. It should be in
 such a manner that when other parties or people will accept it that there should be a legal relationship between
them.

b. Certain and clear terms: The terms and conditions of an offer should be very specific and clear and not
ambiguous.  If the terms and conditions are not very clear then no agreement will be going to make between the
parties because they are expecting clear terms which can be easily understood.

c. Differ from declaration of intention: It is seen that offer and intention are two different things. Intention to offer
indicates that the offer will be going to be made.

d. Proper communication: The offer which is going to be made has to be very clearly communicated to the party.
The offer is completed only when the proposee communicated for the offer completely. If the offer accepted
without any proper communication and information than it is not valid.

Presumption of the offer: The offeror never pressures the offeree to accept the offer if he is not accepting the
offer for a specific period. The moment offers a reply to the offeror and saying that he is accepting the offer than
the only offer between the two parties will valid.

e. Offer may be conditional:- Acceptance of an offer is not conditional but offer itself might be conditional. The
offeror can make the offer with any terms and conditions which he/she seems to be beneficial for him/her. For
example, if A made an offer to B to sell Shoes if B will going to pay 50% in advance, now it's up to B whether
he/she wants to accept this offer or not.

2. Attempt the following problems, giving reasons:-

a. Over a cup of coffee in a restaurant, A invites B to a dinner at his house on a Sunday. B hires a taxi and reaches A’s
house at the appointed time, but A fails to perform his promise. Can B recover any damages from A? {5 marks}

No, B cannot recover any damages from A as it is just an agreement which is also sometimes called express offers.
Here we can see that there is only verbal communication between A and B. Both the parties A and B meeting over
a cup of coffee on A’s house and also planned to have dinner together seem that they both shared the social or
friendly relationship and also do not seem like to have a legal relationship.

So, it was just a simple agreement or discussion between two parties A and B which is not enforceable to the law
as communication between two is verbal and nothing is there in writing which means if any damages occur then B
will not be able to recover any loss from A.

b. M mows L’s lawn without being asked by L to do so. L watches M do the work but does not attempt to stop him. Is
L bound to pay any charges to M? {5 marks}

Yes I believe L is bound and responsible to pay the remuneration charges to M as he did not stops him for mowing
the ground and keeps watching him when he is mowing the lawn owned by L.

L thought to take a benefit of the doubt and get the work done without paying any single penny to M, but this is
not acceptable ethically and L has to pay the nominal wages to M because he deliberately kept silence when M is
working in his own lawn.

Only If L is not bound to pay any charges when the moment he saw M mowing his lawn, he should let him know
that he did not ask or need your service but if M is still doing as a voluntary he can but he will not going to get
money after work done. In this case L should pay to M.
c. P applied for the principal’s post of a local college, and the Governing Body passed a resolution appointing him.
After the meeting, a member of the Governing Body privately informed him of the resolution. The resolution was
subsequently rescinded. P claims damages. Will he succeed? {5 marks}

P will not succeed.

The moment P starts claiming that the governing body firstly passed the resolution for his selection as confirmed
by one of the members of the governing body. I believe this will gets rejected by the law as there is no written
proof given by college authority to P and there is only verbally communicated to him which is not admissible in
the court of law. Also, the governing body can say that we haven’t passed any resolution for his selection and
whatever said by one of our authorized members cannot be trusted and we will not take any responsibility for his
message given to P.

P can only claim when he has some proof in written or any softcopy provided by the college authorities to him on
his mail or hardcopy with college stamp which shows that they passed a resolution of his selection. But in this
case, P does not have any proof so he will not get success if he wants to claim in the court of law.