CMA Foundation · Fundamentals of Business Laws and Business Communication · Essential Elements of a Contract, Offer and Acceptance
Under Section 38 of the Act, which of the following is a condition that an offer of performance must fulfil?
An offer of performance must be unconditional. Section 38 also requires it to be made at a proper time and place, and, for deliveries, with a reasonable opportunity to check the goods. Writing, witnesses or use of an agent are not required.
- AIt must be made in writing and witnessed
- BIt must be unconditionalCorrect
- CIt must be accepted by the promisee
- DIt must be made through an agent only
Explanation
Section 38 lists the conditions: the offer must be unconditional, made at a proper time and place with reasonable opportunity to ascertain ability and willingness, and, for delivery, with a reasonable opportunity to inspect the thing. Writing, witnesses, acceptance or use of an agent are not required.
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