Saturday, November 13, 2010

What is an Offer?


The definition of offer is given below –


Treitel in The Law of Contract define offer as “ an expression of willingness to contract on specific terms ,made with an intention that it shall become binding on the offeror as soon as it is accepted by the person to whom it is addressed “.


In Unlocking Contract Law, an offer has been described as , “an unconditional statement of person’s intention to be bound by the terms of the offer made and thus the intention to contract with the other person”.

Ewan Mckendrick in his Contract Law Book gave the definition of contract like that, “an offer is a statement by one party of willingness to enter into a contract on stated terms, provided that these terms are, in turn, accepted by the party or parties to whom the offer is addressed”.


The party who makes an offer is called an ‘offeror’ and the person to whom the offer is made is called the ‘offeree’.


N.B. When an offer is accepted by the other party then it becomes binding, and claims could be made in the court for damages or any other remedy if this promise is not kept.


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