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Interpretative Analysis of the Concept of Proposal as per the Indian Contract Act 1872 and Contractual Jurisprudence
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Aradhita Banerjee
Student at Symbiosis Law School, Pune, India
Abstract
There are certain essential conditions which need to be fulfilled for a contract to be legally valid and subsequently successfully performed. The first such condition or step in formulation of a contract is a Proposal, also known as Offer. Since it holds such an important initiating impact in world of legal contracts, it is imperative to be examined holistically. This paper aims examine the definition of proposal, followed by essential elements needed to form a valid proposal, classification of proposals and associated case-laws. Due to the immense influence of British laws in the Indian legal system, this paper will analyse the related provisions given in the Indian Contract Act, 1872 and English jurisprudence revolving around contract laws. This paper shall also attempt to find statutory anomalies and thereby provide recommendations to fulfil such lacunae.
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International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 464 - 470
DOI: https://doij.org/10.10000/IJLMH.114389Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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