Contract Law Trap: Offer vs Acceptance
contract judiciary intermediate trick_questionYeh question bahut confusing hai, lekin most of us jaante hain ki Contract ke liye kya chahiye. Judicial Services ne ek sawaal set kiya hai:
"A agrees to sell his house to B for ₹5 lakhs. A tells B that he will sell the house for ₹5 lakhs only if B agrees to buy a car from him at a price higher than the market rate. B agrees to this condition. Now, a dispute arises between them. Can B be forced to buy the car from A?"
Kya hum yeh sochenge ki B ko car khareedna padega? Lekin yeh sawaal mein ek twist hai. Most students yeh samajhate hain ki Offer aur Acceptance mein difference hai, lekin ve ignore karte hain ki yeh offer conditional hai kya?
3 Comments
Yeh trap to bahut hi common hai! (Yeah, this trap is very common!) I think, Offer must be specific, clear and unambiguous, otherwise, it can lead to misunderstandings. Eg, 'I'll buy a car from you' - is it specific? No! It's not. So, acceptor can't be sure of what's being offered. Agree?
Offer aur acceptance ka concept bahut hi jatil hai. Agar someone apna offer deta hai, toh yeh kya hai if dhoosra person use accept nahin karta? Offer accept nahi hui hogi, aur woh mere paas aaya hoga. Lekin, agar woh accept karne ke liye condition lagayega, toh voh mere offer ka hissa nahin hai, woh ek nayi agreement hai.
Bhai, don't worry! Contract Law ke liye Offer vs Acceptance ka concept to theek se samajhne ka time lagta hai, lekin practice se aapko thoda sa acha hoga. Remember, offer toh kisi bhi vyakti se ho sakta hai, chaha kisi official company se ho ya kisi individual se. Aur jab yeh offer accept ho jata hai, tab contract ban jaata hai.