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Offer Must Be Distinguished From:

A Declaration Of Intention


A declaration by a person that he intends to do something is not an offer. Such a declaration means that the offer will be made in the future and not now. Such declaration does not give any right of action to another on the person making the declaration.

An Invitation To Make An Offer Or Do Business


Display of goods in a shop with marked on them is not an offer. It is an invitation to the public to make an offer to buy the goods at the market price. Thus, 2quotations, advertisements, circulars, catalogues are not offer but an invitation to make an offer. An offer is the final expressions of willingness by the offeror to be bound by his offer if the other accepts the offer. Where a party, without expressing his final willingness, proposes certain terms and conditions on which he is willing to negotiate, he does not make an offer, he only invites the other party to make an offer on those conditions.

Tender Vs Offer


A tender is an offer as it is in response to an invitation to offer. The person filling up the tenders are making an offer. A tender may be:

Specific Or Definite:
Where the offer is to supply a definite quantity of goods or services.

Where the offer is to supply the goods or services periodically or in accordance with the requirements of th4e offeree. A separate acceptance is made each time an order is placed.

 Difference Between Offer And Invitation To An Offer


In invitation to a party invites the other party to make an offer whereas in offer one party makes a definite proposal to another party with a view to obtain the consent of the other party.

Invitation to an offer is an initial intention whereas offer is final willingness.

Invitation to an offer leads towards offer whereas offer leads towards acceptances of offer.

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