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Thread: define proposal?and essentials of valid proposa/offer?

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    Word Icon 35px Jpg.ashx define proposal?and essentials of valid proposa/offer?

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    Define Proposal & Acceptance? How proposal becomes a promise
    1-PROLOUGE
    Nowadays are the world of business for the benefit of society and leniency of maintaining of these transactions there is need to make laws for reconvert of rights of parties THE CONTRACT ACT 1872 provides laws.
    2-INTERPRETATION OF RELEVANT TERMS
    a- Proposal
    I-literal meaning
    “To suggest”
    “To bid”
    Ii-legal meaning
    BY BLACKS LAW DICTIONARY
    Something offered for consideration
    b- Acceptance
    i-literal meaning
    “to follow something’
    ii-legal meaning
    BY BLACKS LAW DICTIONRY
    “an offerees’ assent by express act or by
    implication of conduct
    3-STATUTORY DEFINITIONS OF TERMS

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    a- PROPOSAL
    By section 2(a)
    “When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal”
    b- ACCEPTENCE
    By section 2(b)
    “When the person to whom the proposal is made signifies his
    assent there to, the proposal is said to be accepted”
    c- PROPOSAL
    By section 2(b)
    “When the proposal is accepted becomes a promise”
    d- Agreement
    BY section 2(e)
    “Every promise or every set of promises, forming the consideration of each other”
    4--ESSENTIALS OF PROPOSAL
    i- Absolute
    ii- clear
    iii- made by offeree
    iv- specific or general offer
    v- Precise and definite
    vi- lawful
    vii- distinction between offer & invitation to offer
    5- PARTIES OF OFFER
    i- promisor
    ii- promisee
    6-TYPES OF PROPOSAL
    i-express
    ii-implied
    iii-special
    iv-general
    7-ESSENTIALS OF VALID ACCEPTENCE
    i-by authorized person
    Ii-express or implied
    Iii-absolute & unqualified
    Iv-in prescribed mode
    V-communication of intention
    Vi- revocation before acceptance
    Vii-ignorance of proposal
    viii-within time period
    8-PARTIES OF ACCEPTENCE
    i- promisor
    ii- promisee
    9-COMMUNICATION OF PROPOSAL & ACCEPTENCE
    sec: 3
    ASE LAW
    2008mld 577 Lahore high courts
    “Communication of proposal and acceptance are deemed to
    be by an act or omission of party proposing or accepting by which he intends to communicate such proposal and acceptance -----mere acceptance without communicating the same cannot be binding”
    sec:4 COMMUNICATION WHEN COMPLETE
    CASE LAW
    2007 clc 462 Karachi high court
    “Contract is complete only upon acceptance of offer which acceptance should be absolute and unqualified; is the communication of offer and intimation of its acceptance which creates contract”
    i)of proposal
    a)explanation
    b) Illustration
    ii)of acceptance
    a)explanation
    b)illustration
    10- REVOCATION OF PROPOSAL
    sec : 5;
    CASE LAW
    2005 ylr 1443 Lahore high court
    “if the acceptance of offer of the bidder is not communicated to him no conclude contract comes into being”
    a) explanation
    b) illustration
    11-REVOCATION OF ACCEPTENCE
    sec:5;a)explanation
    b) illustration
    12- REVOCATION HOW MADE
    sec :6; a)by notice
    b)by laps of time
    c)by death or insanity
    13-REVOCATION HOW MADE
    sec:6
    CASE LAW
    1997pld 59 Peshawar high court
    “proposal in question , having been accepted after prescribed time would be deemed to be recovered by conduct of parties”
    14- TRANSFORMATON OF PROPOSL INTO ACCEPTENCE
    [IMG]file:///C:\DOCUME~1\ZOHAIB~3.ZOH\LOCALS~1\Temp\msohtmlclip 1\01\clip_image001.gif[/IMG]OFFER

    [IMG]file:///C:\DOCUME~1\ZOHAIB~3.ZOH\LOCALS~1\Temp\msohtmlclip 1\01\clip_image002.gif[/IMG] COMMUNICATION OF


    [IMG]file:///C:\DOCUME~1\ZOHAIB~3.ZOH\LOCALS~1\Temp\msohtmlclip 1\01\clip_image003.gif[/IMG] Proposal & Acceptance



    Promise

    15-CONCLUSION
    2008 mld 577 Lahore high court
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