CA Foundation Business Laws study materials
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CA Foundation Business Laws: Indian Contract Act, 1872 - Nature, Offer, Acceptance and Consideration

CA Foundation Business Laws · Work through your exam, one topic at a time.

All guide sections

Indian Contract Act, 1872 - Nature, Offer, Acceptance and Consideration

What the exam tests

This domain tests how a promise becomes an enforceable contract under the Indian Contract Act, 1872. Expect fact patterns on invitation to offer, communication of offer and acceptance, revocation, and whether consideration exists.

Core rules

  • Section 2(a): a proposal is made when one person signifies willingness to do or abstain from doing something with a view to obtaining assent. It must be communicated (s 4) and be definite.
  • A catalogue, price list, tender notice or advertisement is generally an invitation to offer; the customer's order is the offer.
  • Section 2(b): acceptance must be absolute and unqualified, communicated by the offeree, in the prescribed or reasonable mode. Silence is not acceptance unless the offeror dispenses with communication or conduct implies it.
  • Consideration (s 2(d)) must be at the promisor's desire; it may be past, present or future and may move from a third party. It need not be adequate, but must be real and lawful. Privity has recognised exceptions such as trust, family arrangement and acknowledgment.

Worked example

A displays a car with a price tag. B says, “I accept; deliver it.” There is no contract. The display is an invitation to offer; B's statement is the offer, which A may accept or reject. If A had instead written to B, “I offer to sell my car for ₹5 lakh, acceptance by email by Friday,” B's email before Friday completes the contract.

Traps

  • Treating a quotation or display as an offer.
  • Accepting an offer after revocation or before knowledge of it.
  • Saying consideration is invalid because it is inadequate.
  • Ignoring the mode of acceptance and late acceptance.