Communication of offer and acceptance

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Transcript Communication of offer and acceptance

Communication of offer and
acceptance
How is an offer to be communicated ?
An offer my be communicated to the offeree or
offeres by word of mouth, by writing or
conduct. A written offer my be contained in a
letter or a telegram.
When communication of offer is Complete ?
The communication of proposal is complete when
it comes to the knowledge of the person to
whom it is made.
Communication of offer and
acceptance
When Communication if acceptance is
complete ?
The communication of acceptance is complete,
as against the proposer, when it is put a
course of transmission to him, so as to be out
of the power of the acceptor; and as against
the acceptor, when it comes to the knowledge
of the proposer.
Communication of offer and
acceptance
Example: (i) Abir propose, by letter. To sell a
house to Babu at Taka 10 lac. The
communication of proposal is complete when
Babu receives the letter.
(ii) Babu accepts Abir’s proposal by a letter sent
by post, the communication of acceptance is
complete as against Abir, when the letter is
posted, as against Babu, when the letter is
received by Abir.
How is an acceptance to be
Communicated ?
1. Offer and acceptance by post
2. Offer and acceptance through telephone
3. Microphone.
Revocation of Offer
An offer comes to an end, and is no longer
open to acceptance under the following
circumstances :
1. By notice : If the offeror gives notice of
revocation to the other party,i.e, expressly
withdraws the offer, and the offer comes to
an end. An offer may be revoked any time
before acceptance not afterward.
Revocation of Offer
Example :A proposal is sent by Yameen
to Yasir and is accepted by yasir by
letter. The proposal might have been
revoked any time before the letter of
acceptance was posted but it cannot be
revoked after the letter is posted.
The notice of revocation does not effects
until it comes within the knowledge of
the offeree.
Revocation of Offer
2. By laps of time :
3. After expiry of reasonable time
4. By failure of a condition precedent
Example : Piash says to Queen “I will
sell mu house at Rangpur to you for
Taka 12 lac if you are married”. The offer
cannot be accepted until and unless
Queen is married.
Revocation of Offer
5. By death or insanity.
6. Counter offer
7. By refusal
Revocation of Acceptance :
An acceptance can be revoked any time
before the acceptance comes to the
knowledge of the proposer not
afterward.
Communication of Revocation
As against the persons who makes it,
when it is put into a course of
transmission to the persons to whom it
is made so as to be out of the power of
the person who makes it, as against the
person to whom it is made, when it
comes to his knowledge.
Communication of Revocation
Example : Abir revokes his proposal by
telegram. The revocation is complete as
against Abir, when the telegram is dispatched.
It is complete as against Babu, when Babu
receives it. Babu revokes his acceptance by
telegram. Babu’s revocation is complete as
against Babu when the telegram is
dispatched. As against Abir it reachs him.