An offer can be made in two distinct ways, viz.

1. By any act, which could be in the nature of,

Either

(i) Express Offer (i.e. in writing; like by letter,

telegram, fax, email, or advertisement, or else even
orally, either in person or over the telephone;
Or
(ii) Implied Offer (i.e. by conduct, or by implication)

2. By any omission, or abstinence (from doing something)

by the offeror [Section 3]
Specific Offer, which is made to a specific person,
or to a specific group of persons. It could be
accepted only by that specific person or by that
specific group of persons

General Offer, which is made to the general

public. Thus, it could be accepted by any one
Essential requirements for constituting a valid offer are:

(A) Made with an intention of getting its acceptance

(B) Made with the intention of creating a legal obligation

(C) Must be definite, unambiguous and certain, or

capable of being made certain [Section 29]

(D) Must not be

(i) Just a declaration of the intention to offer, or

(ii) Merely an invitation to offer

(E) Must be communicated by the offeror to the offeree

Essential requirements for constituting a valid offer
(continued):

(F) Should not contain a term, like, the non-compliance

of such term may amount to the assumption that it
has been accepted

(G) A tender, in response to a notice or advertisement, is

an offer. Two types of Tender; viz.

(i) A specific or definite tender, and

(ii) A standing tender

(H) Any Special Terms of an Offer must be brought to

the notice of the offeree

(I) It should not amount to a Cross Offer

 An offer may expire or lapse
(i) After a stipulated time, or even after a reasonable time
[Section 6(2)]

(ii) With the death or insanity, either of the offeror or the offeree,
before acceptance [Section 69 (4)]

(iii) When the offeree rejects it

(iv) When it is revoked by the offeror himself, well before its

acceptance

(v) When not accepted in specifically prescribed mode;

Or in some usual and reasonable manner

(vi) A conditional offer gets terminated when the offeree does not
accept its condition

(vii) When the offeree makes a ‘Counter Offer’

An offer may be accepted:

1. Expressly (i.e. verbally or in writing) or

2. By implication
Essential ingredients of a valid acceptance:

1. Must be absolute and unqualified [Section 7]. But,

mere variation in the language is immaterial

2. Acceptance with implied conditions is valid

3. Acceptance ‘subject to a contract’, or ‘subject to a

formal contract’, or ‘subject to a contract to be
approved by his lawyer’, is valid

4. Acceptance must be communicated to the offeror,

expressly or impliedly. But not by mere silence, or lack
of response, unless agreed to this effect. But, in the
case of a general offer, a specific communication is not
necessary. Performance, of its terms and conditions, is
sufficient
Essential ingredients of a valid acceptance
(continued):

5. Acceptance must be given within the specified time, or

within a reasonable time

6. Acceptance must be given in response to an offer

(No Offer: No Acceptance)

7. Acceptance must be made before the offer lapses, or

gets terminated, revoked or withdrawn by the offeror

8. The acceptance must be given only by the specific person

9. To agree in the future is not permitted

Essential ingredients of a valid acceptance:
(continued):

10. An offer, its acceptance, and its revocation, must be

communicated

11. Communication of an offer is complete

(a) When it comes to the knowledge of the specific
offeree [Section 4]

(b) As against the offeror, when it is put in the course

of transmission, so as to be out of the power of the
acceptor

(c) As against the acceptor, when it comes to the

knowledge of the offeror

Similar is the position in the case of ‘Revocation’ also

Time of Revocation:

1. Offer may be revoked any time, before the

communication of its acceptance is complete, as
against the offeror [Section 5]

2. Similarly, acceptance may be revoked at any time,

before the communication of its acceptance is
complete, as against the acceptor