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Essentials Of A Valid Offer


An offer to be valid must satisfy the following conditions:

Intention To Obtain Acceptance:
An offer must be made with the motive of acceptance by the other party.

Intention To Create Legal Relationship:
An offer must be made with an intention to create legal relationship. If an offer does not intend to give rise to legal relationship then it is not a valid offer and cannot culminate into a valid contract. Thus, offer of social or household nature are not valid offers to create valid contract.

The term of offer must be certain, definite and unambiguous. It should not be loose or vague.

The offer must be communicated to the offeree. Unless the offer is communicated, there can be no acceptance of it. An acceptance of the offer, in ignorance of the offer, is no acceptance and does not confer any right on the offeree.

Should Not Contain A Non-Compliance Of Which Would Amount To Acceptance:
The offer cannot state that if the acceptance is not communicated by a certain time, the offer would be considered as accepted.

A Mere Statement Of Price Is Not An Offer To Sell

An Offer Is Different From Invitation To An Offer.
An Offer May Be Expressed Or Implied
An Offer May Be Conditional Or Unconditional.

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