law of contract (part - 1)
WHAT IS PROPOSAL?
Section 2(a) describe what is proposal - it says that when a person signifies his willingness
to do or to abstain from doing anything with an intention of obtaining assent from the
other party for that act or abstinence of the act.
The essentials of the section 2(a) are -
There must be 2 persons or more then two - this phrase means that for forming a
potential agreement at least two persons are required an agreement is required of
meeting of the minds which can not be possible by one person.
one person signifies his willingness to do an act or to abstain from doing an act - it
means one person must communicate his desire to other party to show or give his
assent for doing an act, that is, positive act ot to abstain from doing act, that is,
negative act.
For example - “to do an act” -
‘A’ tells to ‘B’ that i want to paint your house for ten thousand rupees.
“to abstain from doing an act” - “A” tells to “B” that i will not file a law suit against
you if you stop playing music after 9 PM. It is a proposal of abstinence here “A” is
refraining “B” for stop playing the music.
with a view of obtaining the proposal - one party when communicating its offer than
it should have an intention to get the acceptance from the other party of the
proposal as it is without any terms and condition added. for example- “A” proposes to
“B” that i want to sell my bike to you for 5 lakhs if “B” accepted this proposal as it is
without any terms and conditions added than the offer said to be accepted.
what are the rules of proposal?
1) section 9 of Indian contract, 1872 - it says that proposal or acceptance can be expressed
or implied
WHAT IS PROPOSAL?
Section 2(a) describe what is proposal - it says that when a person signifies his willingness
to do or to abstain from doing anything with an intention of obtaining assent from the
other party for that act or abstinence of the act.
The essentials of the section 2(a) are -
There must be 2 persons or more then two - this phrase means that for forming a
potential agreement at least two persons are required an agreement is required of
meeting of the minds which can not be possible by one person.
one person signifies his willingness to do an act or to abstain from doing an act - it
means one person must communicate his desire to other party to show or give his
assent for doing an act, that is, positive act ot to abstain from doing act, that is,
negative act.
For example - “to do an act” -
‘A’ tells to ‘B’ that i want to paint your house for ten thousand rupees.
“to abstain from doing an act” - “A” tells to “B” that i will not file a law suit against
you if you stop playing music after 9 PM. It is a proposal of abstinence here “A” is
refraining “B” for stop playing the music.
with a view of obtaining the proposal - one party when communicating its offer than
it should have an intention to get the acceptance from the other party of the
proposal as it is without any terms and condition added. for example- “A” proposes to
“B” that i want to sell my bike to you for 5 lakhs if “B” accepted this proposal as it is
without any terms and conditions added than the offer said to be accepted.
what are the rules of proposal?
1) section 9 of Indian contract, 1872 - it says that proposal or acceptance can be expressed
or implied
