OFFER

1. COMMUNICATION OF OFFER - Communication of offer in contract law is only complete when it is conveyed to the party and it accepted by them - The offer can be dispatched through post, email, telephone or through word of mouth - Without communicating acceptance as a person needs to have knowledge of certain matter before he can decide on it. The offeree should be given an opportunity to consider the offer and decide either to reject or approve of it. * if there is no acceptance to the offer, there cannot be a valid contract created * if an offer is made but has not come to the knowledge of the offeree and the offeree happens to do an act which coincides with the offer without being aware of the offer, the act done cannot amount to an acceptance * it was held that a reward cannot be claimed by know that it had been offered - if the offeree knows of the offer but is inspired to perform by a motive other than that of claiming the reward, such a motive is immaterial

2. offer must be clear : offer is an indication to be legally bound by certain terms, the offer must be clear itself, complete, final and detailed to avoid doubt. If the term not clear it is not to be regarded as valid offer.

3. To whom an offer can be made a) Specific offer - It is an offer made to a particular person or to a particular group of persons. When the offer is made specifically to a person to whom it is addressed, only that person can accept the offer and no one else can take his/her place to accept the offer. b) General offer - It is an offer made to the public at large and his addressed to anyone who can and would satisfy all the terms or conditions of the offer stipulated by the offeror. Anyone may accept the offer as long as he or she fulfill the terms and conditions of the offer.

4. definition : An expression of willingness to contract made with the intention that it shall be binding on the offeror as soon as it is accepted by the person to whom it is addressed section 2 (a) defines that offer or proposal as : "when one person signifies to another his willingness to do or to abstain from doing anything section 2 (b) states that : "when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted"

5. How An Offer Can Be Made - An offer can either be made expressly or implied - An offer is implied when there are no words used and we have look into the circumstances of the case or conduct of the parties. - An offer offer can also be a mixture of words and conduct. - An indication of willingness to contract can come in the number of forms such as spoken word, a letter, a fax message and an e-mail

6. Offer Must Be Distinguished From Invitation To Treat a) Advertisement b) Display of Goods in a self-service shop / shop window display c) Tender d) Price list / Quotation e) An auctioneer inviting bids in an auction sale