Directions: Read the questions carefully and choose one of the option...
Legal Principle: The notice for auction or sale of goods is only an invitation to offer, and not an offer in itself under the law of contract.
Facts of the Problem: Uday puts up an advertisement in front of his house selling the house at the price of Rs. 50 lakhs. Saif sees that advertisement and goes to Uday with the money to buy the house. Uday refuses to sell the house to Saif. Saif sues Uday for the breach of contract.
Explanation:
Invitation to Offer:
An invitation to offer is an expression of willingness to receive offers from another party. It is not an offer itself but an invitation for others to make an offer. It is also known as an invitation to treat. In such cases, the party making the invitation is not bound to accept any offer that is made.
Offer:
An offer is a definite promise to be bound on specific terms. It is an expression of willingness to enter into a contract, and it must be communicated to the other party. Once an offer is accepted, it becomes a binding contract.
In this case, Uday's advertisement for the sale of his house is an invitation to offer and not an offer itself. Uday is expressing his willingness to receive offers from potential buyers, including Saif. By putting up the advertisement, Uday is inviting others to make an offer to buy his house.
Saif, upon seeing the advertisement, goes to Uday with the money to buy the house. However, Uday refuses to sell the house to Saif. Saif sues Uday for the breach of contract.
Legal Remedy:
In this situation, Saif does not have a legal remedy against Uday for the breach of contract. The advertisement was merely an invitation to offer, and Uday was not obligated to sell the house to Saif. Uday had the discretion to accept or reject any offer made to him. Since no offer was made by Saif and accepted by Uday, there is no binding contract between them.
Therefore, the correct answer is option 'C' - No legal remedy is available to Saif as the advertisement for the sale of the house was a mere invitation to offer.
Conclusion:
Based on the legal principle and the given facts, Saif cannot claim damages or force Uday to sell the house to him. The advertisement was an invitation to offer, and Uday had the right to refuse to sell the house to Saif.
Directions: Read the questions carefully and choose one of the option...
In the instant case, the advertisement for the sale of the house by Udau was not an offer to the contract. It was merely an invitation to sell. The legal position is that the notice for auction or sale of goods is only an invitation to offer, and not an offer in itself under the law of contract. Thus, no contract was made between Saif and Uday for the sale of the house and consequently, no question of awarding any damages for the breach of the contract arises.