Saturday, December 28, 2013

IGNOU SOLVED ASSIGNMENT - ECO-5 FOR 2013-2014


ECO-5
2013-2014

Q.1
ANS:  for making a valid contract there must be a lawful offer and a lawful acceptance of that offer. An offer is also called 4"roposal'. The words 'proposal' and 'offer' are synonymous and are used interchangeably.
An offer involves the  following elements.


i) It must be an expression of readiness or willingness to do or to abstain from doing something. Thus, it may involve a 'positive' or a 'negative' act. For example, A offers to sell his book to B for Rs. 30. A is making a proposal to do something i.e., to sell his book. It is a positive act on the part of the proposer A. On the other hand, when A offers not to file a suit against B if the latter pays A the outstanding amount of Rs. 1,000, the act of A is a negative one i.e., he is offering to abstain from filing a suit.
ii) It must be made to another person. There can be no 'proposal' by a person to himself,
iii) It must be made with a view to obtain the assent of that other person to such act or abstinence. Thus a mere statement of intention- "I may sell my furniture if I get a good price" is not a proposal. The person making the offer is called the 'offerer' or the 'promisor' and the person to whom it is made is called the 'offeree'. When the offeree accepts the offer, he is called the 'acceptor' or the 'promisee'. For example, Ram offers to sell his scooter to Prem for Rs. 10,000 This is an offer by Ram. He is the offerer or the promisor. Prem to whom the offer has been made is the offeree and if he agrees to buy the scooter for Rs. 10,000 he becomes the acceptor or the promisee.

How is an Offer Made?
An offer can be made by any act which has the effect of communicating it to the other. An offer may either be an 'express offer' or an 'implied offer' Express Offer: When .an offer is made by words, spoken or written, it is termed as an express offer. When A says to B that he wants to sell his book to B for Rs. 20, it is an express offer. Similarly, when A writes a letter to B offering to sell his car to him for Rs. 40,000, it is also an express offer by A. The oral offer may be made either in person or over telephone.
Implied Offer: It is an offer which is not made by words spoken or written. An implied offer is one which is inferred from the conduct of a person or the circumstances of the particular case. For example, public transport like DTC in Delhi or BEST in Bombay runs buses on different routes to carry passengers who are prepared to pay the specified fare. This is an implied offer. Similarly, when a coolie picks up your luggage to carry it from railway platform to the taxi, it means that the coolie is offering his service for some payment. This is an implied offer by the coolie. A bid at an auction is an implied offer to buy.
To Whom an Offer is Made?
According to law, an offer cam be accepted only by the person to whom it is made. Hence, we must know how to identify the person to whom the offer has been made. From this point of view, an offer may be 'specific' or 'general'. When an offer is made to a definite person or particular group of persons, it is known as specific offer and it can be accepted only by that definite person or that particular group of persons to whom it has been made. For example, A offered to buy certain goods from B at a certain price. This offer is made to a definite person B. Therefore, if goods are supplied by P, it will not give rise to a valid contract (Boultan v. Jones).
Legal Rules for a Valid Offer
I  An offer or proposal made by a person cannot legally be regarded as an offer unless it satisfies the following conditions.
II Offer must intend to create legal relations: An offer will not become a promise even after it has been accepted unless it is made with a view to create legal obligations. It is so because the very purpose of entering into an agreement is to make it enforceable in a court of law. A mere social invitation cannot be regarded as an offer because if such an invitation is accepted it will not give rise to any legal relationship.
3) The offer must be distinguished from a mere declaration of intention:
Sometimes a person may.make a statement without any intention of creating a binding obligation. Such statement or declaration only indicate that he is VilliIg to negotiate and an offer will be made or invited in future. For example an auctioner advertised in a newspaper that a sale of office furniture will be held on a certain date. A person with the intention to buy furniture came. from a distant place for the auction, but the auction was cancelled. He cannot file a suit against the auctioneer for his loss of time and expenses because the advertisement was merely a declaration of intention to hold auction, (Harris v. W Nieversion).Similarly, a notice that goods will be sold by tender does not amount to an offer. When a person calls for tenders, it is only an attempt to ascertain whether an offer can be obtained within such a margin as the seller is willing to adopt (Spencer v. Harding). The tenderers by submitting their tenders make offers and it is for the person inviting tenders to accept them or not. In case of Farina v. Fickus, a father wrote to his would be son-in-law that his daughter would have a share of what he left. It was held that the letter was a mere statement of intention and not an offer.
4) Offer must be distinguished from an invitation to offer: An offer must be distinguished from an invitation to receive an offer or to make on offer or to negotiate. In the case of invitation to offer there is no intention on the part of the person sending out the invitation to obtain the assent of the other party to such invitation. On the other hand, offer is a final expression of willingness by the offerer to be bound by his promise, should the other party choose to accept it. In case of an invitation to offer, his aim is to merely circulate information of his readiness to negotiate business with anybody who on such information comes to him, An invitation to offer is not an offer in the eyes of law and does not become a promise on acceptance.
Q.2
Ans

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