Beruflich Dokumente
Kultur Dokumente
• Agreement
• Certainty
• Consideration
PROPOSAL OR OFFER
• Offer may be express or implied
• Offer must be capable of creating legal relations
• Terms of the offer must be clear
• An invitation to offer is not an offer
• An offer may be specific or general
• Offer must be communicated to the offeree
• Offer should not contain a term the non-compliance of
which would amount to acceptance
• An offer may be made subject to any terms and
conditions
• Two identical cross-offers do not make a contract
THE ACCEPTANCE
• Acceptance must be given only by the person to whom
the offer is made
• Acceptance must be expressed in some usual and
reasonable manner, unless the proposal prescribes the
manner in which it is to be accepted
• Acceptance must be communicated by the acceptor
• Acceptance must be given within a reasonable time
and before the offer lapses and/or is revoked
• Acceptance must succeed the offer
• Rejected offers can be accepted only if renewed
CONSIDERATION
• Consideration must move at the desire of the
promisor
• Coercion,or
• Undue influence, or
• Misrepresentation,or
• Fraud,or
• Mistake
COERCION
• Coercion is the committing or threatening to
commit any act forbidden by the Indian Penal
Code or the unlawful detaining or threatening
to detain any property to the prejudice of any
person whatever with the intention of causing
any person to enter into an agreement.
UNDUE INFLUENCE
• A contract is said to be induced by undue
influence where, the relations subsisting
between the parties are such that one of the
parties is in a position to dominate the will of
the other, and he uses the position to obtain
an unfair advantage over the other.
MISREPRESENTATION
• A representation when wrongly made, either
innocently or intentionally, is termed as a
misrepresentation.