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Indian Contract Act
Corporate & Other Laws
As per the section 38 of the Indian contract Act 1872 Offer of performance must include certain conditions Like (1) it must be unconditional (2) it must be made at a proper time and proper and under such circumstances that the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is able and willing there and then to do the whole of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, then the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. In 2nd Condition is the promises bound to ascertain the willingness of the promisor In 3rd condition (1)Is promisor bound to give reasonable opportunity to promisee means if the promisee does not checking the goods it is the duty of the promisor to remind the promisee to check the goods (2) If the promisee does not check the goods then who will responsible if the goods have certain defect
Answers (3)
According to Section 38 of the Indian Contract Act 1872 an offer of performance must be unconditional and made at a proper time and place. The person to whom the offer is made must have a reasonable opportunity to ascertain that the person making the offer is able and willing to fulfill their promise In regards to your questions about the second and third conditions 1. Yes, under the second condition it is stated that the person to whom the offer is made must have a reasonable opportunity to ascertain that the person making the offer is able and willing to fulfill their promise. 2.Under the third condition if the offer involves delivering something to the promisee then they must have a reasonable opportunity to see that what is being offered is what was promised. If they do not check it and there are defects in it later on then it would depend on other factors such as any warranties or guarantees provided by the promisor.
The 2nd condition emphasizes on the point that when the offer to perform is being made, the other party should be in a position to ascertain the ability and willingness of performance of the person making the offe to perform. In the 3rd condition, The promisor has no responsibility to remind the promisee to check the goods. If the promises does not check the goods he cannot hold the promisor responsible, however he can claim ordinary damage depending on the type of defect.
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