When one person signifies to another his willingness to do or to absta...
In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:-
(a)
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 to such act or abstinence, he is said to make a proposal:
(b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted becomes a promise:
(c) The person making the proposal is called the "promisor" and the person accepting the proposal is called the "promisee":
When one person signifies to another his willingness to do or to absta...
Proposal:
A proposal is a communication made by one person to another indicating their willingness to do or abstain from doing something. It is a preliminary step towards entering into a contract or agreement.
Elements of a Proposal:
In order for a communication to be considered a proposal, it must contain the following elements:
1. Intention to Act or Abstain: The person making the proposal must clearly express their intention to either perform an action or refrain from doing something.
2. Communication: The proposal must be communicated to the other party. It can be done orally, in writing, or through any other acceptable mode of communication.
3. Assent: The purpose of a proposal is to obtain the assent or acceptance of the other person. The person receiving the proposal must give their consent or agreement to the terms of the proposal.
4. Consideration: A proposal may or may not involve consideration, which refers to something of value given in exchange for the promise. Consideration is not always necessary for a proposal to be valid, but it is required for the formation of a legally binding contract.
Distinguishing a Proposal from a Promise:
While both a proposal and a promise involve expressing willingness to act or abstain from doing something, there is a key difference between the two.
A proposal is an offer or suggestion made to another person, seeking their agreement or acceptance. It is a conditional expression of intent, which requires the assent of the other party to become binding.
On the other hand, a promise is a commitment or assurance made by one person to another. It is a voluntary undertaking to perform a specified act or abstain from doing something, without the need for the other party's acceptance. A promise is a binding agreement in itself, without the requirement of the other party's consent.
Conclusion:
In summary, when one person signifies their willingness to do or abstain from doing something with the aim of obtaining the assent of another person, it is considered a proposal. A proposal is a preliminary step towards forming a contract or agreement. It involves the communication of intentions, seeking acceptance from the other party. A proposal requires the consent of the other party to be binding, whereas a promise is a commitment made by one person without the need for acceptance.