In contract law, the distinction between a specific offer and a general offer is significant, as it affects how the offer is communicated, accepted, and enforced. Here’s a breakdown of the key differences:
Specific Offer
Definition
A specific offer is made to a particular individual or a defined group of individuals. It is intended to be accepted only by the person or group to whom it is addressed.
Communication
The offeror must communicate the offer directly to the offeree. This can be done through various means such as in-person, by mail, email, or any other form of direct communication.
Acceptance
Only the person or persons to whom the offer is made can accept it. Acceptance must be communicated back to the offeror.
Example
If Alice offers to sell her car to Bob for $5,000, this is a specific offer. Only Bob can accept this offer.
General Offer
Definition
A general offer is made to the public at large or to a broad, unspecified group of people. It is not directed to any one individual.
Communication:
The offer is communicated through public means such as advertisements, notices, or announcements in newspapers, on websites, or other media accessible to the general public.
Acceptance:
Any person who performs the conditions specified in the offer can accept it. Acceptance is typically done by performing the act required by the offer, rather than communicating acceptance beforehand.
Example:
If a company advertises that it will pay $100 to anyone who finds and returns its lost dog, this is a general offer. Anyone who finds and returns the dog accepts the offer by performing the specified act.
Key Differences
Target Audience:
Specific offers are targeted at specific individuals or groups, while general offers are targeted at the general public.
Method of Acceptance:
For specific offers, acceptance must be communicated directly to the offeror. For general offers, acceptance is typically through performing the required act.
Scope:
Specific offers are limited in scope to the intended recipient(s). General offers have a broader scope, potentially including anyone who meets the conditions.
Understanding these differences is crucial for both offerors and offerees to ensure that offers are made and accepted properly, leading to enforceable agreements.
Books Recommended: Check it Out
1. Beatsen (ed.)-Anson’s Law of Contract : (27th Ed. 1998)
2. Anson-Law of Contract (1998), Universal, Delhi
3. Pollock and Mulla-Indian Contract Act
4. Avtar Singh-Law of Contract, Eastern Book Co.(Lucknow)
5. S.K.Kapoor- Samvidha Vidhi (Hindi)
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