The travails of teaching “offer” and “acceptance” in Indian contract law

Swaminathan, Shivprasad (2022) The travails of teaching “offer” and “acceptance” in Indian contract law. Indonesian Journal of International and Comparative Law, 9 (3). pp. 367-386. ISSN 2338-7602

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The law relating to “offer” and “acceptance” is seemingly simple when it comes to stating it, but less than straightforward when it comes to applying. The reasoning in this area of law is artificial, contrived and “backwards.” Rather than deductively applying the definitions of “offer” and “acceptance” to real world scenarios, courts seem to be deciding cases first by deliberating upon a host of considerations specific to the domain in which the case arises—and seem to stick the labels “offer” and “acceptance” on to the fruits of these deliberations afterwards. This article seeks to give heuristic short-cuts to anticipate a common law judge’s approach to “offer” and “acceptance” cases by focussing on the “tacit knowledge” used by lawyers to negotiate questions arising around these issues. It also seeks to get to the heart of why applying “rules” in this area yields poor results.

Item Type: Article
Keywords: Asian Law | Comparative Law | Contract Law | Law and Culture | Legal Tradition
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 03 Apr 2023 08:33
Last Modified: 10 Aug 2023 11:33


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