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:
- 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.
- 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
- 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.
- 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.
- 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:
- To a definite person or a group of persons, or
- To the public at large.
Essential elements of an offer
- There must be two parties
- The offer must be communicated to the offeree.
- The offer must show the willingness of offeror. Mere telling the plan is not
offer.
- The offer must be made with a view to obtaining the assent of the offeree.
- A statement made jokingly does not amount to an offer.
- An offer may involve a positive act or abstinence by the offeree.
- 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:
- He was not entitled for the reward.[8]
- 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.
- 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.
- 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].
- 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
- Counter offer –A counter offer amounts to rejection of the original
offer
- Cross offer do not conclude a contract
- 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.
- 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.
- 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.
- 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:
- a particular person or
- 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:
- They are made by the same parties to one another
- Each offer made in ignorance of the offer made by the
- 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:
- Rejection of original offer
- The original offer is lapsed
- 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:
- 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.
- 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
- 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.
- 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]
- 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
- 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.
- 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.
- 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:
- Communication of offer
- The communication of an offer is complete when it comes to the knowledge
of the person to whom it is made
- An offer may be communicated either by words spoken (or) written (or) it
may be inferred
from the conduct of the parties.
- 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.
- 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]
- 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.
- 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.
- 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.
- 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.
- 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”.
-
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’.
-
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.
-
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)
-
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
-
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.
-
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]
- 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
- 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.
- 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.
- 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,
- 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.
- 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:
- Treitel, GH. The Law of Contract (10th ed.). p. 8
- R. Austen-Baker, "Gilmore and the Strange Case of the Failure of
Contract to Die After All" (2000) 18 Journal of Contract Law 1
- The Indian Contract Act, 1872 ACT NO. 9 OF 1872,interpretation clause[a]
- The Indian Contract Act, 1872 Section 3
- The Indian Contract Act,1872 Paperback – 2015 by Narendra kumar
- Pollock & Mulla - The Indian Contract Act, 1872 page 110-112
- The Indian Contract Act, 1872 Section 4
- Indiancaselaw.com/lalman Shukla vs gauri dutt
- Sanjiva Rows : The Indian Contract Act, 1872 and Tenders with Latest Case
laws, 13th Updated
- Simpson, A. W. B. (1985). "Quackery and Contract Law: The Case of the
Carbolic Smoke Ball". Journal of Legal Studies. 14 (2): 345–389.
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