Beruflich Dokumente
Kultur Dokumente
Situation 1
Arman say, You have made the same book shelve for my friend for Rs. 12, 000, a month back. I will also give you Rs. 12, 000 only. Gyan says, This is fine.
Situation 1
Arman say, You have made the same book shelve for my friend for Rs. 12, 000, a month back. I will also give you Rs. 12, 000 only. Gyan says, This is fine. Arman offers and Gyan accepts.
Situation 2
Gyan says, I will charge you Rs. 13, 000 for it.
Situation 2
Gyan says, I will charge you Rs. 13, 000 for it.
Situation 3
Gyan says, I will charge you Rs. 30, 000 for it.
Arman says, I know you have made the same book shelve for a friend of mine for Rs. 12, 000. You are trying to cheat me. Sorry, I do not want to get a book shelve made by you.
Situation 3
Gyan says, I will charge you Rs. 30, 000 for it.
Arman says, I know you have made the same book shelve for a friend of mine for Rs. 12, 000. You are trying to cheat me. Sorry, I do not want to get a book shelve made by you.
Gyan offers but Arman rejects the offer. Thus, no agreement gets formed between the parties.
Situation 4
Gyan says, I will charge you Rs. 13, 000.
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Situation 4
Gyan says, I will charge you Rs. 13, 000.
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Summary
Offer and acceptance can be express (spoken or written in words) or implied in gestures, body language, actions, commissions and omissions.
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1. Is there an agreement between the parties? 2. Who offered and accepted? 3. When was the agreement been made?
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. Bimal replies, I can only pay Rs. 25,000 for it. Ajay responds, I can settle for Rs. 29,000. Bimal says, I can come up to Rs. 26,000. Ajay nods his head. Let us explore the communication between Ajay and Bimal.
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000.
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. (Ajay begins by making an offer).
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. (Ajay begins by making an offer). Bimal replies, I can only pay Rs. 25,000 for it.
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. (Ajay begins by making an offer). Bimal replies, I can only pay Rs. 25,000 for it. (Bimal, in putting up his offer, impliedly rejects Ajays offers. For this reason, the offer made by Bimal is called Counter-offer)
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Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. (Ajay begins by making an offer). Bimal replies, I can only pay Rs. 25,000 for it. (Bimal, in putting up his offer, impliedly rejects Ajays offers. For this reason, the offer made by Bimal is called Counter-offer)
Case: Bargaining
Ajay says, I can sell my computer to you for Rs 30,000. (Ajay begins by making an offer). Bimal replies, I can only pay Rs. 25,000 for it. (Bimal, in putting up his offer, impliedly rejects Ajays offers. For this reason, the offer made by Bimal is called Counter-offer)
Ajay responds, I can settle for Rs. 29,000. (Ajay makes a counter-offer.)
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Case: Bargaining
Bimal says, I can come up to Rs. 26,000.
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Case: Bargaining
Bimal says, I can come up to Rs. 26,000. (Bimal makes a counter-offer) Ajay nods his head.
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Case: Bargaining
Bimal says, I can come up to Rs. 26,000. (Bimal makes a counter-offer) Ajay nods his head. (Ajay impliedly accepts the offer made by Bimal.)
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Case: Auction
A person had described in detail a construction job. Through an auction, the most competitive price was being sought. The bids in the auction in Lakhs were as follows: Bid 1: Gyan: Bid 2: Chanda: Bid 3: Elam: Bid 4: Amit: Rs. 1.9 Rs. 1.7 Rs. 1.65 Rs. 1.64 Bid 6: Dina: Rs. 1.59 Bid 7: Chanda: Rs. 1.57 Bid 8: Gyan: Rs. 1.56 Bid 9: Bhuvani: Rs. 1.55
As no further bids were coming, the auctioneer struck the hammer. The construction job was awarded to Bhuvani. 4000. Identify the offeror and acceptor.
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Case: Auction
Bid 1: Gyan: Rs. 1.9 Bid 2: Chanda: Rs. 1.7 Bid 4: Amit: Rs. 1.64 Bid 6: Dina: Rs. 1.59 Bid 7: Chanda: Rs. 1.57 Bid 8: Gyan: Rs. 1.56 Bid 9: Bhuvani: Rs. 1.55
As no further bids were coming, the auctioneer struck the hammer. The construction job was awarded to Bhuvani. Identify the offeror and acceptor. 33
Case: Auction
The last act before the formation of an agreement between the auctioneer and Bhuvani is by the auctioneer in striking the hammer. The auctioneer impliedly accepts the offer made by Bhuvani. Thus, in an auction, the bidders offer and the auctioneer accepts.
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Fisher v. Bell
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Facts
Fisher owned a retail shop trading under the name of Bell's Music Shop. One of the articles on display in the shop window was a knife, behind which was a ticket upon which the words "Ejector knife - 4s." were printed. Such knifes were also called a flick knife. The blade of the knife open by pressing a button on the handle of the knife.
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Cond
A visiting police officer examined the knife and assessed it to be a flick knife. The Restriction of Offensive Weapons Act, 1959 provided that Any person who manufactures, sells or hires or offers for sale or hire, or lends or gives to any other person was punishable with imprisonment and/or fine. Fisher passing the onus on manufacturers said, "Why do manufacturers still bring them round for us to sell?" The constable, Mr. Bell, said that he would be reported for offering for sale a flick knife. Mr. Bell was prosecuted for offering for sale a flick knife.
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Judgement
I confess that I think most lay people and, indeed, I myself when I first read the papers, would be inclined to the view that to say that if a knife was displayed in a window like that with a price attached to it was not offering it for sale was just nonsense. It is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract. That is clearly the general law of the country. In those circumstances I am driven to the conclusion, though I confess reluctantly, that no offence was here committed. 39