Ans.Kinds
of OfferExpress
or implied Offer: When
the offer is made in words, it is said to be express. An implied offer is one
which is inferred from the act or conduct of the party or from the
circumstances of the case. Sec. 9 states. “Insofar as the proposal or
acceptance of any promise is made in words the promise is said to be express.
Insofar as such proposal or acceptance is made otherwise than in words, the
promise is said to be implied”.
Specific
or general Offer: When
an offer is made to a specific person or a group of specific persons (for
example an offer to doctors), is called a specific offer. When the offer is
addressed to public at large, it is called a general offer. A specific offer
can be accepted by the specific person only, while a general offer can be
accepted by any member of the general public.
Standing
offer: A standing offer is a
continuous offer. It consists of an offer to supply goods as and when required
during a certain period for a certain price. It usually takes the form of a
tender. It creates a contract only when an order of specified quantity is given
to the tenderer. Thus each order placed creates a separate contract. A Ltd.,
gives a standing offer to supply cement to Public Works Department (PWD) at ₹
130 per cement bag for the period of one year with a minimum quantity of 1 lakh
bags. This is a standing offer. PWD can place order any time during the year
and purchase cement for ₹ 130 per bag but they will have to buy minimum 1 lakh
bags of cement.
Cross
Offer: When
two persons make an offer to each other on similar terms, without having the
knowledge of the offer being made by the other side, it is known as cross
offer. Such cross offer does not amount to acceptance of one's offer by the
other and therefore does not constitute a contract.
Counter
Offer: It
is necessary that the acceptance must match the offer. It must be a mirror
image of the offer. If any alteration is made, or anything added, then this
will be a counter offer, and will terminate the offer. A counter offer is an
implied rejection of original offer. [Union
of India v. Bahulal AIR
1968 Bombay 294]
Standard
form of contracts: In the modern times
due to ever-increasing growth in trade & commerce, contracts are concluded
in standardized forms. Organisation like LIC, GIC, Railways enter into
thousands of contracts every day. It is not possible for them to draft separate
contracts with every individual. They issue printed forms of contract, which
contains a large number of terms and conditions in “fine print” which restrict
and often exclude liability under the contract. The individual is bound to sign
them whether he likes the terms or not. They are for him to take or leave, he
cannot alter those terms or even discuss them. Previously the offerees of such
printed forms were helpless against such giant organisations which availed the
opportunity to exploit the weak individuals by imposing onerous terms upon
them. However in the recent times, in order to protect the oppressed
individuals the courts have evolved various modes of protection. In fact in
England. The (English) Unfair Contract Terms Act, 1977 was enacted to protect
the individuals from unreasonable terms in the printed contracts.
