Legal provisions related to offer are as follows :
1. There must be at least two parties for the offer.
2. The proposal may be negative or positive.
3. Proposal can be implied or expressed, specific or general.
4. Proposal should be made to create legal relationship.
5. Offer must be such as in law it is capable of being accepted and it gives rise to legal relationship.
6. Offer must be distinguished from :
- a declaration of intention,
- an invitation to make an offer to do business.
7. Offer must be communicated for getting acceptance. Ignorance of the offer is not acceptance and does not confer any right on the acceptor.
8. Offer must be definite, unambiguous, certain, and not loose and vague.
Legal Provisions Related to Acceptance
1. Acceptance must be absolute and unqualified.
2. It must be communicated to the offeror in some perceptible form. It must be according to the mode prescribed or usual or reasonable mode.
3. Acceptance can be given orally or in writing or by conduct.
4. It must be given within the time limit specified if any time limit is given. It no time is stipulated, it must be given within a reasonable time.
5. An acceptance given without any offer made, is not deemed to be acceptance and it holds no importance. It was held in “Lalman Vs. Gauri Dutt” case, that an acceptance of the offer in ignorance of the offer is no acceptance and does not confer any right on the acceptor.
6. Acceptance must be given to the party or parties to whom the offer is made. When an offer is made to a particular person, it can be accepted by him alone. If it is accepted by any other person, there is no valid acceptance.
7. The acceptance of an offer cannot be implied from the silence of offeree or his failure to answer, unless that offeree has, by his previous conduct, indicated that his silence means that he accepts.
8. Acceptance cannot precede an offer. If it does, it is not a valid acceptance and does not result in a contract.
9. Acceptance must show an intention on the part of the acceptor to fulfill the terms of the promise.
