CMA Foundation · Fundamentals of Business Laws and Business Communication · Essential Elements of a Contract, Offer and Acceptance
Under Section 38 of the Indian Contract Act, 1872, which of the following is one of the conditions that a valid offer of performance must fulfil?
A valid offer of performance must be unconditional. Section 38 requires this, along with a proper time and place and a reasonable opportunity to inspect the thing offered. Writing, a witness or an advance payment is not required by the section.
- AIt must be unconditionalCorrect
- BIt must be made in writing
- CIt must be made before a witness
- DIt must be accompanied by an advance payment
Explanation
Section 38 lists three conditions for a valid offer of performance. The first is that the offer must be unconditional. Writing, witnesses and advance payment are not requirements under the section.
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