Contract Act
Anita Dores
(Querist) 24 March 2010
This query is : Resolved
An owner (A) of the flat puts an ad on paper tht he intends to sell his flat on ownership on 'as is where is' basis. d intrested person(B) goes to meet the owner and aftr prelimnary discussion A refuses to sell the flat without any reason though B is willing to but the flat.Plaintiff (B) contends in his suit tht A has given a public offer so A is bound to transfer the said flat to him but the owner (A) contends tht the ad is not a offer.
Can advertisement on a newspaper b termed as an offer??
Heaven 2011
(Expert) 24 March 2010
Never. An add can never be an offer or proposal within the meaning of the Contract Act 1872.It only invites the porposal. The contention of B is not right.
Parveen Kr. Aggarwal
(Expert) 24 March 2010
An advertisement in newspaper may or may not be an offer and it will depend on the intention and wording of the advertisement. As per the facts stated in the query, it does not amount to offer.
Gagan Gupta
(Expert) 25 March 2010
It reminds Carbolic smoke ball company's case wherin court held that when Offerer is damn serious about offer and made it to public at large any one can accept it by fulfillng the conditions mentioned in it. means offer could be accpted by performing the task alone.
Manish Singh
(Expert) 25 March 2010
no it was not an offer in fact it was an invitation to offer and the same has been laid down by several judgments.
once B reaches A with his proposal and A gives him the offer therein then the same shall be meant to as "offer" under the contract act. thus A is justified not offering an agreement to B.
