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Offer And Acceptance in Law of Contracts

Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been modified by developments in the law of estoppel, misleading conduct, misrepresentation and unjust enrichment. Treitel defines an offer as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree".[1] An offer is a statement of the terms on which the offeror is willing to be bound. It is the present contractual intent to be bound by a contract with definite and certain terms communicated to the offeree.

The expression of an offer may take different forms, such as a letter, newspaper advertisement, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.

For the acceptance, the essential requirement is that the parties had each from a subjective perspective engaged in conduct manifesting their assent. Under this meeting of the minds theory of contract, a party could resist a claim of breach by proving that he had not be intended to be bound by the agreement, only if it appeared subjectively that he had so intended. This is unsatisfactory, as one party has no way to know another's undisclosed intentions. One party can only act upon what the other party reveals objectively (Lucy V Zehmer, 196 Va 493 84 S.E. 2d 516) to be his intent. Hence, an actual meeting of the minds is not required. Indeed, it has been argued that the "meeting of the minds" idea is entirely a modern error: 19th century judges spoke of "consensus ad idem" which modern teachers have wrongly translated as "meeting of minds" but actually means "agreement to the [same] thing[2]

Research Methodology
Objectives
  • To understand how an offer is made
  • To study the essential elements of an offer
  • To analyze the case laws applicable
  • To study the types of offer
  • To understand comunication and revocation of the offer and acceptance
Statement Of Problem
To analyze offer and acceptance and its types with the help of case laws

Methodology
The method used for research work in the present project is the doctrinal method of data collection.

Offer

Offer(i.e. Proposal) [Section 2(a)]:-When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal.

To form an agreement, there must be at least two elements – one offer and the other acceptance. Thus offer is the foundation of any agreement. [3]

When one person signifies to another his willingness
  • to do or to abstain from doing anything,
  • with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
The person who makes an offer is called “Offeror” or “Promisor” and the person to whom the offer is made is called the Offeree” or “Promisee”.

Example
Mr. A says to Mr. B, “Will you purchase my car for Rs.1,00,000?” In this case, Mr. A is making an offer to Mr. B. Here A is the offeror and B is the offeree.

How An Offer Is Made?

An offer can be made by (a) any act or (b) omission of the party proposing by which he intends to communicate such proposal or which has the effect of communicating it to the other (Section 3).[4] An offer can be made by an act in the following ways:
  1. By words (whether written or oral). The written offer can be made by letters, telegrams, telex messages, advertisements, etc. The oral offer can be made either in person or over telephone.
     
  2. By conduct. The offer may be made by positive acts or signs so that the person acting or making signs means to say or convey. However silence of a party can in no case amount to offer by conduct. An offer can also be made by a party by omission (to do something). This includes such conduct or forbearance on one’s part that the other person takes it as his willingness or assent.
An offer implied from the conduct of the parties or from the circumstances of the case is known as implied offer.[5]

Examples
  1. A proposes, by letter, to sell a house to Bat a certain price. This is an offer by an act by written words (i.e., letter). This is also an express offer.
  2. A proposes, over telephone, to sell a house to Bat a certain price. This is an offer by act (by oral words). This is an express offer.
  3. A owns a motor boat for taking people from Bombay to Goa. The boat is in the waters at the Gateway of India. This is an offer by conduct to take passengers from Bombay to Goa. He need not speak or call the passengers. The very fact that his motor boat is in the waters near Gateway of India signifies his willingness to do an act with a view to obtaining the assent of the other. This is an example of an implied offer.

Specific and General Offer
An offer can be made either:
  1. To a definite person or a group of persons, or
  2. To the public at large.

Essential elements of an offer
  1. There must be two parties
  2. The offer must be communicated to the offeree.
  3. The offer must show the willingness of offeror. Mere telling the plan is not offer.
  4. The offer must be made with a view to obtaining the assent of the offeree.
  5. A statement made jokingly does not amount to an offer.
  6. An offer may involve a positive act or abstinence by the offeree.
  7. Mere expression of willingness does not constitute an offer.
A tells B’ that be desires to marry by the end of 2008, if does not constitute an offer of marriage by A’ to B’ A further adds will you marry me. Then it become offer.[6]

Legal Rules as to valid offer:
Offer must be communicated to the offeree: The offer is completed only when it has been communicated to the offeree. Until the offer is communicated, it cannot be accepted. Thus, an offer accepted without its knowledge, does not confer any legal rights on the acceptor.[7]

Example: Lalman Shukla (Vs) Gauri Datt. (1913)

Facts: ‘S’ sent his servant, ‘L’ to trace his missing nephew. He then announced that anybody who finds the nephew would be entitled to a certain reward. ‘L’ traced the boy in ignorance of his announcement. Subsequently, when he came to know of his reward, he claimed it.

Judgment:
  1. He was not entitled for the reward.[8]
  2. The offer must be certain definite and not vague unambiguous and certain.
    Example:
    A offered to sell to B. ‘a hundred tons of oil’. The offer is uncertain as there is nothing to show what kind of oil is intended to be sold.
     
  3. The offer must be capable of creating legal relation. A social invitation is not create legal relation. A social invitation, even if it is accepted does not create legal relationship because it is not so intended to create legal relationship. Therefore, an offer must be such as would result in a valid contract when it is accepted.

    Example:
    A invited B to a dinner and B accepted the invitation. It is a mere social invitation. And A will not be liable if he fails to provide dinner to B.
     
  4. Offer may be express and implied
    The offer may be express or implied; An offer may be express as well as implied. An offer which is expressed by words, written or spoken, is called an express offer. The offer which is expressed by conduct, is called an implied offer [Section 9].
     
  5. Communication of complete offer
    Example:
    A offered to sell his pen to B for Rs.1,000. B replied, “I am ready to pay Rs.950”. On A’s refusal to sell at this price, B agreed to pay Rs.1,000. held, there was not contract at the acceptance to buy it for Rs.950 was a counter offer, i.e. rejection of the offer of A.

    Subsequent acceptance to pay Rs.1,000 is a fresh offer from B to which A was not bound go give his acceptance
     
  6. Counter offer –A counter offer amounts to rejection of the original offer
     
  7. Cross offer do not conclude a contract
     
  8. An offer must not thrust the burden of acceptance on the offeree.
    Example:
    A made a contract with B and promised that if he was satisfied as a customer he would favorably consider his case for the renewal of the contract. The promise is too vague to create a legal relationship.

    The acceptance cannot be presumed from silence.

    Acceptance is valid only if it is communicated to the offeror.
     
  9. Offer must be distinguished from invitation to offer.
    Example:
    Menu card of restaurant is an invitation to put an offer.

    Example ;
    Price – tags attached with the goods displayed in any showroom or supermarket is also an invitation to proposal. If the salesman or the cashier does not accept the price, the or the cashier does not accept the price, the interested buyer cannot compel him to sell, if he wants to buy it, he must make a proposal. [9]

    Example:
    Job or tender advertisement inviting applications for a job or inviting tenders is an invitation to an offer.

    Example: An advertisement for auction sale is merely an invitation to make an offer and not an offer for sale. Therefore, an advertisement of an auction can be withdrawn without any notice. The persons going to the auction cannot claim for loss of time and expenses if the advertisement for auction is withdrawn.
     
  10. Offeror should have an intention to obtain the consent of the offeree. A offer to do (or) not to do something must be made with a view to obtaining the assent of the other party addressed and it should not made merely with a view to disclosing the intention of making an offer.
     
  11. Offer may be specific (or) general:An offer is said to be specific when it is made to a definite person, such an offer is accepted only by the person to whom it is made. On the other hand general offer is one which is made to a public at large and maybe accepted by anyone who fulfills the requisite conditions.
Example: Carlill v Carbolic Smoke Ball Company [1893][10]

Facts:
In this case the plaintiff bought a medical preparation called ‘The Carbolic Smoke Ball’ on the basis that the defendants advertised that they would pay ?100 to any person who contracted influenza after using the smoke ball in the prescribed manner and for a specified period. Further, the defendants stated that ‘to show their sincerity’ they had deposited?1,000 with the Alliance Bank. The plaintiff bought one of the smoke balls and used it in the manner prescribed and promptly caught influenza! She sued for the ?100. The defendants contended that there was no agreement between them and used considerable ingenuity in promoting this contention. One of the defences used was that it was not possible to make an offer to the whole world since this would enable the whole world to accept the offer, which was clearly beyond the realms of commercial reality.

Held:
The Court of Appeal had no difficulty in rejecting this defence. Bowen LJ stated the position very clearly as follows:

It was also said that the contract is made with the whole world – that is, with everybody and you cannot contract with everybody. It is not a contract made with all the world. There is the fallacy of the argument. It is an offer made to all the world; and why should not an offer be made to all the world which is to ripen into a contract with anybody who comes forward and performs the condition? ... Although the offer is made to the world, the contract is made with that limited portion of the public who come forward and perform the condition on the faith of the advertisement.

The defendants also contended that the plaintiff had not accepted their offer and therefore there was no consensus ad idem and thus no agreement. This defence, which was rejected, exposes the fact that offers may arise in two forms, either bilateral or unilateral. A bilateral offer arises where one party promises to do something in return for a promise made by the offeree. Both parties are agreeing to do something in return for some reciprocal promise from the other. An example of such an offer would be if A promises to sell their car in return for B promising to pay ?5,000. The vast majority of offers are of this type

Kinds Of Offer

  • Express offer
    When the offeror expressly communication the offer the offer is said to be an express offer the express communication of the offer may be made by Spoken word or Written word
     
  • Implied offer
    when the offer is not communicate expressly. An offer may be implied from:
    The conduct of the parties or the circumstances of the case
     
  • Specific offer:
    It means an offer made to:
    1. a particular person or
    2. a group of person: It can be accepted only by that person to whom it is made communication of acceptance is necessary in case of specific offer.
       
  • General offer:
    It means on offer which is made to the public in general.
    • General offer can be accepted by anyone.
    • If offeree fulfills the term and condition which is given in offer then offer is accepted.

      Example
      Company advertised that a reward of Rs.100 would be given to any person who would suffer from influenza after using the medicine (Smoke balls) made by the company according to the printed directions. One lady, Mrs, Carlill, purchased and used the medicine according to the printed

      Directions of the company but suffered from influenza, She filed a suit to recover the reward of Rs.100. The court held that there was a contract as she had accepted a general offer by using the medicine in the prescribed manner and as such as entitled to recover the reward from the company.

      Carlill v Carbilic Smoke Ball Co. 1893
       
  • Cross offer:
    When two parties exchange identical offers in ignorance at the time of each other’s offer the offer’s are called cross offer.Two cross offer does not conclude a contract. Two offer are said to be cross offer if:
    1. They are made by the same parties to one another
    2. Each offer made in ignorance of the offer made by the
    3. The terms and conditions contained in both the offers’ are same.[11]

      Example: A offers by a letter to sell 100 tons of steel at Rs.1,000 per ton. On the same day, B also writes to A offering to buy 100 tons of steel at Rs.1,000 per ton. When does a contract come into existence: -A contract comes into existence when any of the parties, accept the cross offer made by the other party.
       
  • Counter offer:
    when the offeree give qualified acceptance of the offer subject to modified and variations in the terms of original offer. Counter offer amounts to rejection of the original offer.

    Legal effect of counter offer:
    1. Rejection of original offer
    2. The original offer is lapsed
    3. A counter offer results a new offer.

      In other words an offer made by the offeree in return of the original offer is called as a counter offer.
      Example:
      A offered to sell his pen to B for Rs.1,000. B replied, “ I am ready to pay Rs.950.” On A’s refusal to sell at this price, B agreed to pay Rs.1,000. Held, there was not contract as the acceptance to buy it for Rs.950 was a counter offer, i.e. rejection of the offer of A. Subsequent acceptance to pay Rs.1,000 is a fresh offer from B to which A was not bound to give his acceptance
       
  • Standing Open and Continuous offer:
    An offer is allowed to remain open for acceptance over a period of timeis known as standing, open orcontinually offer. Tender for supply of goods is a kind of standing offer.

    Example:
    When we ask the newspaper vendor to supply the newspaper daily. In such case, we do not repeat our offer daily and the newspaper vendor supplies the newspaper to us daily. The offers of such types are called Standing Offer.[12]

Lapse Of An Offer

An offer should be accepted before it lapses (i.e. comes to an end). Section 16, of The Indian Contract Act, 1872 deals with various modes of revocation of offer. According to it, an offer is revoked/lapses (or) comes to an end underfollowing circumstances.

An offer may come to an end in any of the following ways stated in Section 6 of The Indian Contract Act:
  1. By communication of notice of revocation:
    An offer may come to an end by communication of notice of revocation by the offeror. It may be noted that an offer can be revoked only before its acceptance is complete for the offeror. In other words, an offeror can revoke his offer at any time before he becomes before bound by it. Thus, the communication of revocation of offer should reach the offeree before the acceptance is communicated. [13]

    Example: HARRIS (VS) NIKERSON (1873).[14]

    Facts
    An auctioneer advertised that certain goods would be sold at a certain location on a certain date. The plaintiff went to the sale but all the lots he was interested in had been withdrawn. He sued the auctioneer for his loss of time and expenses.

    Held:
    It was held that the claim must fail as the advertisement of the auction was merely a declaration of intent to hold a sale and did not amount to an offer capable of being accepted and thus forming the basis of a binding contract, that is, that the advertisement merely amounted to an invitation to treat.
     
  2. By lapse of time; Where time is fixed for the acceptance of the offer, and it is not accepted within the fixed time, the offer comes to an end automatically on the expiry of fixed time. Where no time for acceptance is prescribed, the offer has to be accepted within reasonable time. The offer lapses if It is not accepted within that time. The term‘reasonable time’ will depend upon the facts and circumstances of each case.

    Example: Ramsgate victoria Hotel Company (vs) Monteflore (1886)[15]

    Facts :On June 8th ‘M’ offered to take shares in ‘R’ Company. He received a letter of acceptance on November 23 rd. . He refused to take shares.

    Judgment: ‘M’ was entitled to refuse his offer has lapsed as the reasonable period which it could be accepted and elapsed
     
  3. By failure to accept condition precedent:
    Where, the offer requires that some condition must, be fulfilled before the acceptance of the offer, the offer lapses, if it is accepted without fulfilling the condition.
     
  4. By the death or insanity of the offeror:
    Where, the offeror dies or becomes, insane, the offer comes to an end if the fact of his death or insanity comes to the knowledge of the acceptor before he makes his acceptance. But if the offer is accepted in ignorance of the fact of death or insanity of the offeror, the acceptance is valid. This will result in a valid contract, and legal representatives of the deceased offeror shall be bound by the contract.

    On the death of offeree before acceptance, the offer also comes to an end by operation of law. [16]
     
  5. By counter – offer by the offeree:
    Where, a counter – offer is made by the offeree, and then the original offer automatically comes to an end, as the counter – offer amounts to rejections of the original offer.

    Example: Hyde (vs) Wrench (1840)[17]
    Facts:
    The defendant offered to sell his farm for ?1,000. The plaintiff at first made a counter offer of ?950, but two days later agreed to pay ?1,000 and attempted to accept the original offer. The defendant refused to complete the sale and the plaintiff brought an action against him for a decree of specific performance.

    Held:
    It was held that no contract existed since by his letter offering ?950 the plaintiff had made a counter-offer, the effect of which was to reject and destroy the original offer, so that the latter was therefore not available for him to accept two days later
     
  6. By not accepting the offer, according to the prescribed or usual mode:
    Where some manner of acceptance is prescribed in the offer, the offeror can revoke the offer if it is not accepted according to the prescribed manner.
     
  7. By rejection of offer by the offeree:
    Where, the offeree rejects the offer, the offer comes to an end. Once the offeree rejects the offer, he cannot revive the offer by subsequently attempting to accept it.The rejection of offer may be express or implied.
     
  8. By change in law: Sometimes, there is a changein law which makes the offer illegal or incapable of performance. In such cases also, the offer comes to an end.

Communication Of Offer And Revocation Of Offer:

An offer, its acceptance and their revocation (withdrawal) to be complete when it must be communicated to the offeree. The following are the rules regarding communication of offer and revocation of offer:
  1. Communication of offer
    1. The communication of an offer is complete when it comes to the knowledge of the person to whom it is made
    2. An offer may be communicated either by words spoken (or) written (or) it may be inferred from the conduct of the parties.
    3. When an offer/proposal is made by post, its communication will be complete when the letter containing the proposal reaches the person to whom it is made.
       
  2. Revocation of offer:
    A proposal/offer may be revoked at anytime before the communication of its acceptance is complete as against the proposer, but not afterwards.[18]

Acceptance

Acceptance 2(b):
When the person to whom the proposal is made, signifies his assent there to , the proposal is said to be accepted. On the acceptance of the proposal, the proposer is called the promisor/offeror and the acceptor is called the promise/offeree.[19]

Examples
A trader receives an order from a customer and executes the order by sending the goods. The customer’s order for goods constitutes the offer which was accepted by the trader by sending the goods. It is a case of acceptance by conduct. Here the trader is accepting the offer by the performance of the act.

Who can Accept?
In the case of a specific offer, it can be accepted only by that person to whom it is made.The rule of law is that if A wants to enter into a contract with B, then C cannot substitutehimself for Bwithout A’s consent.

Example
Boulton v. Jones[20]
  • The facts of this case were as follows: B, who was a manager withX, purchased his business. J, to whom, X owed a debt, placed an order with X for the supply of certain goods. B supplied the goods even though the order was not addressed to him. J refused to pay B for the goods because he, by entering into contract with X, intended to set-off his debt against X.
Held : The offer was made to X and it was not in the power of B to have accepted the same. In the case of a general offer, it can be accepted by anyone by complying with the terms of the offer.

Example
Carlill v.Carbolic Smoke Ball Co.*

Legal Rules for the Acceptance: [21]
  1. Acceptance must be absolute and unqualified:
    • An acceptance to be valid it must be absolute and unqualified and in accordance with the exact terms of the offer.
    • An acceptance with a variation, slight, is no acceptance, and may amount to a mere counter-offer (i.e.., original may or may not accept

      Example: A offers to sell his house to B for Rs. two lakhs. B accepts the offer and promises to pay the price in four installments. This isnotpay the acceptance as the acceptance is with variation inthe terms of the offer.
       
  2. Acceptance must be communicated:
    Mere mental acceptance is no acceptance, But there is no requirement of communication of acceptance of general offer.
    • For a valid acceptance, acceptance must not only be made by the offeree but it must also be communicated by the offeree to the offeror.
    • Communication of the acceptance must be expressed or implied.
    • A mere mental acceptance is no acceptance.

      Example The manager of Railway Company received a draft agreement relating to the supply of coal. The manager marked the draft with the words “Approved” and put the same in the drawer of his table and forgot all about it. Held, there was no contract between the parties as the acceptance was not communicated. It may however, be pointed out that the Court construed a conduct to parties as railway company was accepting the supplies of coal from time to time.
     
  3. Manner of acceptance
    General rule say that it must be as per the manner prescribed by offeror. If no mode is prescribed in which it can beaccepted, then it must be in some usual and reasonable manner.
    • Communication of the acceptance must be expressed or implied.
    • A mere mental acceptance is no acceptance.
       
  4. If there is deviation in communication of an acceptance of offer, offeror may reject such acceptance by sending notice within reasonable time. If the offeror doesn’t send notice or rejection, he accepted acceptance of offer.

    Example: A offers B and indicates that the acceptance be given by telegram. B sends his acceptance by ordinary post. It is a valid acceptance unless A insists for acceptance in the prescribed manner.
     
  5. Acceptance of offer must be made by offeror.
    Example: A applied for the headmastership of a school. He was selected by the appointing authority but the decision was not communicated to him.However, one of members in his individual capacity informed him about the selection. Subsequently, the appointing authority cancelled its decision.A sued the school for breach of contract. The Court rejected the A’s action and held that there was no notice of acceptance. “Information by unauthorized person is as insufficient as overhearing from behind the door”.
     
  6. Acceptance must be expressed (or) implied
    • An acceptance may be given either by words (or) by conduct.
    • An acceptance which is expressed by words (i.e.., spoken or written) is called ‘expressed acceptance’.
    • An acceptance which is inferred by conduct of the person (or) by circumstances of the case is called an ‘implied or tacit acceptance’.
       
  7. Time limit for acceptance
    • If the offer prescribes the time limit, it must be accepted within specified time.
    • If the offer does not prescribe the time limit, it must be accepted within reasonable time.

      Example: A applied (offered) for shares in a company in early June. The allotment (Acceptance) was made in late November. A refused to take the shares. Held, A was entitled to do so as the reasonable time for acceptance had elapsed.
       
  8. Acceptance of offer may be expressly (by words spoken or written); or impliedly (by acceptance of consideration); or by performance of conditions (e.g.in case of a general offer)
     
  9. Mere silence is not acceptance of the offer
    Example A offers to B to buy his house for Rs.5 lakhs and writes “If I hear no more about it within a week, I shall presume the house is mine for Rs.5 lakhs. “B does not respond. Here, no contract is concluded between A and B
     
  10. However, following are the two exceptions to the above rule. It means silence amounts as acceptance of offer:
    • Where offeree agrees that non – refusal by him within specified time shall amount to acceptance of offer.
    • When there is custom or usage of trade which specified that silence shall amount to acceptance.
       
  11. Acceptance subject to the contract is no acceptance
    If the acceptance has been given ‘subject to the contract” or subject to approval by certain persons, it has not effect at all. Such an acceptance will not create binding contract until a formal contract is prepared and signed by all the parties.

General Rules as to Communication of Acceptance[22]
  1. In case of acceptance by post
    Where the acceptance is given by post, the communication of acceptance is complete as against the proposer when the letter of acceptance is posted. Thus, mere posting of letter of acceptance is sufficient to conclude a contract. However, the letter must be properly addressed and stamped
     
  2. Delayed or no delivery of letter
    Where the letter of acceptance is posted by the acceptor but it never reaches the offeror, or it is delayed in transit, it will not affect the validity of acceptance. The offerer is bound by the acceptance.
     
  3. Acceptance by telephones telex ortax
    If the communication of an acceptance is made by telephone, tele-printer, telex, fax machines, etc, it completes when the acceptance is received by the offeror. The contract is concluded as soon as the offeror receives not hears the acceptance.
     
  4. The place of Contract
    In case of acceptance by the post, the place where the letter is posted is the place of contract. Where the acceptance is given by instantaneous means of communication (telephone, fax, tele-printer, telex etc.), the contract is made at the place where the acceptance is received,
     
  5. The time of Contract
    In case of acceptance by post, the time of posting the letter of acceptance to the time of contract. But in case of acceptance by instantaneous means of communication, the time of contract is the time when the offeror gets the communication, the time of contract is the time when offeror gets the communication of acceptance.
     
  6. Communication of acceptance in case of an agent.
    Where the offer has been made through an agent, the communication of acceptance is completed when the acceptance is given either to the agent or to the principal. In such a case, if the agent fails to convey the acceptance received from offeree, still the principal is bound by the acceptance.

Conclusion
From the research project we could conclude that there is an offer when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal and acceptance takes palce when the person to whom the proposal is made, signifies his assent there to , the proposal is said to be accepted.

An offer can be made by words or actions and similarly the acceptance can be given by words or actions there are various kinds of offer such as Express offer Implied offer Specific offer and General offer etc. . In the project we also talked about the lapse of offer at the end we could conclude that offer and acceptance are two basic elements of a contract and one should have perfect knowledge about them before entering into a contract.

Topics To Be Studied
  • Defination of offer and acceptance
  • Essential of an offer
  • Legal rules to a valid offer and acceptance
  • Types of offer
  • Lapse of offer
  • Communication of acceptance and revocation of offer and acceptance

Case Laws
  • Lalman Shukla (VS) Gauri Dutt. (1913
  • Carlill v Carbolic Smoke Ball Company [1893]
  • Harris (VS) Nikerson (1873
  • Ramsgate victoria Hotel Company (vs) Monteflore (1886
  • Hyde (vs) Wrench (1840
  • Boulton v. Jones
Bibliography
Books
  • The Indian Contract Act, 1872
  • Pollock & Mulla - The Indian Contract Act,
  • Sanjiva Rows : The Indian Contract Act, 1872 and Tenders with Latest Case laws
  • The Principles of Law of Contract Paperback 2018
  • Understanding laws –contracts
  • Contract theory and limtations of the contract law
  • status quo bias and defend contract rules
Articles And Journals
  • Simpson, A. W. B. (1985). "Quackery and Contract Law: The Case of the Carbolic Smoke Ball". Journal of Legal Studies. 14 (2): 345–389. doi:10.1086/467776. JSTOR 724433
  • communication of revocation by Harris Lewis JSTOR/CONTRACTS
  • Beale, Hugh; Arthur Hartkamp; Hein Kotz; Denis Tallon (2002). Cases, Materials and Texts on Contract Law. Hart Publishing
  • Economic analysis of the law of contract by Posner and Eric
End-Notes:
  1. Treitel, GH. The Law of Contract (10th ed.). p. 8
  2. R. Austen-Baker, "Gilmore and the Strange Case of the Failure of Contract to Die After All" (2000) 18 Journal of Contract Law 1
  3. The Indian Contract Act, 1872 ACT NO. 9 OF 1872,interpretation clause[a]
  4. The Indian Contract Act, 1872 Section 3
  5. The Indian Contract Act,1872 Paperback – 2015 by Narendra kumar
  6. Pollock & Mulla - The Indian Contract Act, 1872 page 110-112
  7. The Indian Contract Act, 1872 Section 4
  8. Indiancaselaw.com/lalman Shukla vs gauri dutt
  9. Sanjiva Rows : The Indian Contract Act, 1872 and Tenders with Latest Case laws, 13th Updated
  10. Simpson, A. W. B. (1985). "Quackery and Contract Law: The Case of the Carbolic Smoke Ball". Journal of Legal Studies. 14 (2): 345–389. doi:10.1086/467776. JSTOR 724433.
  11. Business and labour law –offer and acceptance by Muhammad Naveed and Imran khan
  12. The Principles of Law of Contract Paperback 2018 by R C Srivastava (Author), Ashutosh Pathak (Author)page 24-28
  13. communication of revocation by Harris Lewis JSTOR/CONTRACTS
  14. LawTeacher. November 2013. Harris v Nickerson - Summary. [online]. Available from: https://www.lawteacher.net/cases/harris-v-nickerson.php?vref=1 [Accessed 24 November 2018].
  15.  LawTeacher. November 2013. Ramsgate Victoria Hotel v Montefiore - 1866. [online]. Available from: https://www.lawteacher.net/cases/ramsgate-hotel-v-montefiore.php?vref=1 [Accessed 24 November 2018
  16. Understanding laws –contracts by Garima Tiwari[Jabalpur]page 69-70
  17. Beale, Hugh; Arthur Hartkamp; Hein Kotz; Denis Tallon (2002). Cases, Materials and Texts on Contract Law. Hart Publishing
  18. Scott robet E –Contract theory and limtations of the contract law
  19. The Indian Contract Act, 1872 ACT NO. 9 OF 18721
  20. Boultan vs Jones 857) 2 H and N 564, [1857] EngR 935, (1857) 157 ER 232
  21. Korobikin Russell –status quo bias and defend contract rules page 10
  22. Economic analysis of the law of contract by Posner and Eric

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