This is the very first step towards a contract. The term “proposal” in Indian law refers to the term “supply” used in English law. The definition makes it clear that the intention must be to seek the opinion of the other party, otherwise it cannot be called a valid offer. For example, A wants to sell his TV to B for Rs/-10000, and if B wants to buy the same, it works according to A`s proposal to sell the TV. This intention to obtain the consent of the other party may be implied or explicit. The law defines how the proposal may be communicated. (ii) Article 3 states: “The notification of proposals, the acceptance of proposals or the revocation of proposals or acceptances shall be effected by an act or omission of the party proposing, accepting or revoking by which it intends to communicate such proposal, the acceptance, revocation or disclosure of such a decision. The definition thus specifies that an offer may be submitted by the supplier by any act or omission by which the supplier – 1 – may be transmitted. Under the Indian Contract Act of 1872, a contract is a legally enforceable agreement. [i] The contract – an agreement – is therefore by law. The conclusion of the contract itself may be explicit or implied.
The offer and the reception are two essential prerequisites for the drafting of contracts. “There is no doubt that the Court gave different directions in the above decision, but we believe this was done without any discussion as to whether the Court could properly accept such instructions. The decision was therefore taken sub silentio. The significance of a sub-silentio decision was explained by the Court of Justice in the Municipal Corpn case. Delhi v. Gurnam Kaur (empty paragraphs 11 and 12) as follows: (SCC, p. (110-11) If an offer is accepted, it will result in an agreement. Without acceptance of the offer, no contract can be concluded between two parties. In silence, unnoticed. Sometimes passing a sub-silentio thing is a proof of consent. See Silence. `23.
In so far as the applicant refers to Nagesha. The precedents sub silentio and without argument are of a little time. A mere casual expression carries no weight, and no temporary expression of a judge, no matter how important, can be treated as an ex-cathedra statement with the weight of authority. 24. In Kamleshwar Ishwardas Patel v. Union of India, in 1994, the entire bank of that court referred to Mh LJ 1669 of the way forward by the High Court when faced with contrary decisions of the Supreme Court, from benches of equal power, and held that the High Court is not necessarily required to: to follow the decision later. but must follow the one who, in their opinion, is legally better. In fact, the full form of the principle, stare decisis et non quieta movere, which means “to stick to decisions and not to disturb what is regulated,” was formulated by Coke in its classic English version as “Things that have been judged so often should rest in peace.” If an offer is accepted, it leads to an agreement.
Without acceptance of the offer, no contract can be concluded between two parties. Here is the definition of acceptance under the Indian Contracts Act, 1872[iii] – “If the person to whom the proposal is made gives consent, the proposal is said to be accepted. A proposal, if adopted, becomes a promise. `(20) A decision which is not express or unfounded and which is not based on a conscious examination of a matter cannot be regarded as a law declared binding within the meaning of Article 141. What escaped the verdict was not the ratio decidendi. This is the rule of sub silentio in the technical sense, if a certain legal norm has not been consciously defined. (See Status of U.P. SUB SILENTIO. In silence, without being noticed. Sometimes transmitting something sub silentio is proof of consent. See Silence.
The mere casual expression carries no weight, and any temporary expression by a judge, no matter how important, can be seen as an ex-Cathedra statement that has the weight of authority. 41. Does this principle apply to a conclusion of law that has not been addressed and that has not been preceded by any consideration? In other words, can such conclusions be regarded as a legal statement? Here, too, the English courts and jurists have created an exception to the rule of precedent. It has been explained as the rule of sub-silentio. “A decision shall be taken in silence in the technical sense of the term to be annexed to that judgment where the relevant point of law involved in the decision is not perceived by the Court or does not come to mind.” (Salmond on Jurisprudence, 12th ed., p. 153). In Lancaster Motor Company (London) Ltd.c. Bremith Ltd., the Tribunal did not find that it was bound by an earlier decision because it had been rendered “without argument, without reference to the decisive terms of the rule and without reference to authority”. It was approved by this court of Delhi Municipal Corporation v.
Gurnam Kaur. The bank noted that “precedents do not have a single moment and without arguments.” The courts have therefore used this principle to distance themselves from injustices committed by unjust precedents. v. Synthetics & Chemicals Ltd.). 18. There is no doubt that the Court gave various instructions in that decision, but in my view this was done without any discussion as to whether such instructions could actually be given by the Court. The decision was therefore adopted sub silentio. The significance of a Sub-Silentio judgment was determined by this court in the Municipality Corpn. Explains. de Delhi v. Gurnam Kaur (see paragraphs 11 and 12) as follows: (SCC, pp.
110-11) Acceptance of a sub silentio case may constitute proof of consent. SUB-SILENTIO. Sub-silentio et per incuriam: The art of distinguishing a judgment t.co/N7zvj8INwc sub silentio has a long history in itself. The best illustration to understand the sub-silentio exception is Lancaster Motor Co. Ltd v. Bremith Ltd, the court disapproving of a decision of the lower court rendered without proper notice and without argument, without reference to the decisive words of the rule and any summons of authority. Here is the definition of adoption under the Indian Contracts Act, 1872 [iii] – “If the person to whom the proposal is made means consent, it is said that the proposal will be accepted. A proposal, if adopted, becomes a promise. The content of that decision, which is not preceded by either a ground or a principle, shows that it was an injunction within the meaning of Article 142 of the Constitution relating to the particular facts of the present case. The law of the Court of Justice is binding under Article 141. Any investigation of certain facts in the exercise of the jurisdiction of § 142 is not a binding precedent.
Therefore, the Govinda Rajulu decision cannot constitute the basis for the exercise of an exemption granted to it in the present case. A similar allegation was watered down by the Constitutional Bank of Umadevi (3) : (SCC, 39, paragraph 46) “23. With regard to the applicant`s Nagesha case. The previous sub silentio and without argument are never a moment. The term “express contract” was not defined in the Indian Contracts Act. However, the term “express contract” refers to agreements in which the terms are expressly stated by the parties orally or in writing. These are actually the normal contracts that we encounter in everyday life. With this type of use of the contract, the use of “words” is mandatory. Example – Rental agreement. The delivery of a sub-Silentio thing can be proof of consent. If an offer is accepted, it leads to an agreement.
Without acceptance of the offer, no contract can be concluded between two parties. Here is the definition of adoption under the Indian Contracts Act, 1872 [iii] – “If the person to whom the proposal is submitted means consent, it is said that the proposal will be accepted. Once the offer is submitted and accepted, both parties are bound by the agreement and not before. If the proposal or acceptance is made in a manner other than words, the promise is considered implied. [iv] Acceptance must have the effect of communication, even if it is implied. [v] Acceptance may also be made in oral and written form. The most important thing in both cases is that the acceptance must be communicated to the tenderer either by the tenderer or by a representative duly accredited on his behalf. .