Non-fulfillment by an offeree of a condition precedent to acceptance l...
Answer: (C) Lapse
Description: If an offer contains a condition that offeree has to perform that condition as a token of acceptance and the offeree fails to fulfill the condition then, it amounts to non- acceptance on the part of offeree. In such a case, offer is said to have been lapsed.
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Non-fulfillment by an offeree of a condition precedent to acceptance l...
Explanation:
When an offer is made, the offeree has the option to accept or reject the offer. However, if the offer includes a condition precedent, the offeree must fulfill that condition before acceptance can occur. If the offeree fails to fulfill the condition, their non-fulfillment leads to a lapse of the offer.
Condition Precedent:
A condition precedent is a condition that must be fulfilled before a contract can be formed. It is a condition that is stated in the offer and must be met by the offeree for the offer to be accepted. If the condition is not fulfilled, the offer lapses and is no longer available for acceptance.
Non-fulfillment:
If the offeree fails to fulfill the condition precedent, they are essentially rejecting the offer. By not meeting the condition, they are indicating that they do not wish to accept the offer. This non-fulfillment can occur for various reasons, such as inability to meet the condition, lack of desire to fulfill the condition, or simply forgetting to fulfill the condition.
Lapse of the offer:
When the offeree fails to fulfill the condition precedent, the offer lapses. This means that the offer is no longer available for acceptance. The lapse occurs because the offeree's non-fulfillment indicates their rejection of the offer. The offeror is then no longer bound by the terms of the offer and is free to withdraw or make a new offer.
Example:
For example, let's say a company offers a job to a candidate on the condition that they pass a background check. The candidate accepts the offer but fails to pass the background check. In this case, the non-fulfillment of the condition precedent (passing the background check) leads to a lapse of the offer. The company is no longer bound by the offer and can withdraw it or make a new offer to another candidate.
In conclusion, non-fulfillment by an offeree of a condition precedent to acceptance leads to a lapse of the offer. The offer is no longer available for acceptance, and the offeror is free to withdraw or make a new offer.
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