Lapse and Revocation of an Offer

In the event that the interested party does not submit an acceptance within a reasonable amount of time, the offer will expire. An offer lapses or an offer becomes invalid (i.e., comes to an end) in the following circumstances:

1. Lapse of Time: In the event that the offer provides a time restriction for acceptance, the offer will expire if it is not accepted within the specified period that has been specified. Hence, an offer lapses if the communication has not been given within a specified period of time.

2. Failure of a Condition: If the offer is contingent upon the fulfilment of a certain condition, and that condition is not met, the offer may be considered null and void instead. This results in the revocation of an offer.

3. Death or Insanity: The offer is null and invalid in the event that either the person making an offer or the person receiving an offer passes away or goes lunatic prior to acceptance.

4. Offer Lapses by Revocation: The act of withdrawing or cancelling an offer by the person who made the offer prior to the offer being accepted is referred to as revocation. Unless the offer is irreversible, the person who made the offer retains the authorization to withdraw the offer at any point prior to its acceptance.

5. Revocation by Communication: Revocation must be communicated in order to be effective. The revocation will take effect once it is conveyed to the person who was offered the position. It is possible that a legitimate contract will not be established if the offeree accepts the offer during the time that they are not informed of the revocation. It is possible for the offeror to notify the terms of revocation either directly or via a trustworthy third party.

Proposal or Offer: Meaning, Legal Rules and Revocation

An essential piece of legislation, which was passed in 1872, is known as the Indian Contract Act. It is responsible for regulating the creation and execution of contracts in India. The notions of proposals & offers, that serve as the basis for the formation of legally binding agreements are at the core of this legal system. We are going to dig into the complexities of proposals as well as offers following the Indian Contract Act. We will investigate their meanings, the essence of these terms, and the legal ramifications that they have. The words ‘proposal’ and ‘offer’ are synonymous with each other and are used interchangeably.

Geeky Takeaways:

  • A Contract is initiated when an offer is made by one party to another.
  • To enter into an agreement, such an offer must be accepted.
  • The person who is making the offer is known as the “offeror” or the “promisor”.
  • Likewise, the person accepting such an offer is known as the “promisee” or the “acceptor”.

Table of Content

  • What is Proposal or Offer?
  • Legal Rules Regarding a Valid Offer
  • Lapse and Revocation of an Offer
  • Conclusion
  • Frequently Asked Questions (FAQs)

Similar Reads

What is Proposal or Offer?

Section 2 (a) of the Indian Contract Act, 1872 defines a ‘Proposal’ as “when one person signifies his willingness to another 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”....

Legal Rules Regarding a Valid Offer

1. Expressed and Implied Offer: The term “express” refers to offers that are conveyed via words or actions, whereas the term “implied” refers to offers that are implied from the behaviour or circumstances of the individuals involved....

Lapse and Revocation of an Offer

In the event that the interested party does not submit an acceptance within a reasonable amount of time, the offer will expire. An offer lapses or an offer becomes invalid (i.e., comes to an end) in the following circumstances:...

Conclusion

It is essential for everybody who is engaged in contractual agreements to have a thorough understanding of the complexities in proposals and offers in accordance with the Indian Contract Act, 1872. By adhering to the legal principles that are described in the Act, it is possible to guarantee that contracts are made in a way that is fair, transparent, and enforceable. This helps to build a solid legal foundation enabling commercial transactions in India....

Frequently Asked Questions (FAQs)

1. What exactly is meant by the term “Proposal” as per the Indian Contract Act, 1872?...