All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
72.

Offer under Section 2(a) is ______

A: Communication from one person to another
B: Suggestion by one person to another
C: Willingness to do or abstain from doing an act in order to obtain the assent of other thereto
D: None of the above

The answer is: C

Explanation

The correct option is C: Willingness to do or abstain from doing an act in order to obtain the assent of other thereto.

This is the exact definition of offer or proposal under Section 2 (a) of the Indian Contract Act, 1872. It means that an offer is a manifestation of the offeror's intention to enter into a contract with the offeree, subject to the offeree's acceptance. An offer must be clear, definite, and certain, and must indicate the terms and conditions of the contract. An offer must also be communicated to the offeree, either by words or by conduct.

Option A is incorrect because communication from one person to another is not enough to constitute an offer. There must be a willingness to create legal relations and to be bound by the contract. For example, if A tells B that he has a car for sale, this is not an offer, but only a statement of fact.

Option B is incorrect because suggestion by one person to another is not an offer, but only an expression of opinion or intention. There must be a willingness to be bound by the contract and to obtain the assent of the other party. For example, if A tells B that he should buy a car, this is not an offer, but only a suggestion.

Option D is incorrect because none of the above does not match the definition of offer under Section 2 (a) of the Indian Contract Act, 1872. You can read more about offer under the Indian Contract Act here