Komal.shinde (Advocate ) 07 October 2020
Rajinder Goyal 13 October 2020
Hi,
Section 2(a) of the Indian Contract Act 1872, defines the proposal. It states that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or abstinence, he is said to make a proposal. It is synonymous with the term "offer" used in English law.
Communication can be made by speaking, writing, or conduct of the offeror. An offer made by speaking or writing is an express offer and offer made by conduct is an implied offer.
Section 4 of ICA 1872 states that the communication of a proposal is complete when it becomes to the knowledge of the person to whom it is made.
Communication of offer is complete if it comes to the knowledge of the person to whom it is made. Thus an offer cannot be accepted unless and until it has been communicated to that person.
In the case, Lalman Shukla v. GauriDutt, when Gauridutt's nephew went missing he sent his servant Lalman to trace his missing nephew. After that, He announced that anybody who traced his nephew would be entitled to a certain reward. L traced the boy in ignorance of this announcement. Subsequently, when he came to know of the reward, he claimed it. It was held that he was not entitled to the reward, as he did not know the offer.
Hope this helps!