General Offer and Specific Offer | Types of Offers | Indian Contract Act 1872
🔴 General Offer --
A General Offer is an offer that is open to anyone, effectively made to the public in general. The concept of a General Offer was established in the landmark case of Carlill v. Carbolic Smoke Ball Co. In this case, the Carbolic Smoke Ball company advertised that they would pay £100 to anyone who contracted influenza, colds, or any disease caused by colds after using their medicine according to the prescribed instructions. They also stated that £1000 had been deposited in the Alliance bank to demonstrate their sincerity in the matter. A customer, Mrs. Carlill, used the medicine but still contracted influenza and sued the company for the reward.
The company argued that their offer was not intended to create a legally binding agreement but was merely a marketing ploy to boost sales. They also contended that an offer must be made to a specific person and since this offer was not directed at any specific individual, they were not obligated to pay Mrs. Carlill.
However, the court ruled in favour of Mrs. Carlill, stating that in cases of general offers, there is no need for explicit acceptance communication. Anyone who fulfils the conditions of the contract is considered to have accepted the offer. Furthermore, the money deposited by the company in the bank demonstrated their intent to create a legally binding relationship and therefore, the Plaintiff was entitled to the reward.
🔴 Specific Offer ---
A Specific Offer is a type of offer that is directed toward a particular, identified individual. This type of offer can only be accepted by the person for whom it was intended. This concept is illustrated in the case of Boulton v. Jones, where the Plaintiff had taken over the business of a person named Brocklehurst. The defendant, unaware of this change in ownership, placed an order for certain goods with Brocklehurst. The defendant only learned about the change in ownership when he received an invoice, by which time he had already consumed the goods. The defendant refused to pay for the goods, claiming that he had a set-off against the original owner and the plaintiff sued him.
The judges delivered a unanimous judgment, absolving the defendant from liability. Pollock CB clarified that the legal principle was clear: if you intend to contract with person A, person B cannot insert themselves as A without your consent and to your disadvantage. It was also established that in cases where a contract is made with a specific individual for personal services, such as writing a book, creating a painting, or any service unique to that person, or if there is a set-off owed by any party, no one else has the authority to assert that they are the contracted party. In other words, the offer was meant for a specific person and couldn’t be transferred to someone else without consent.
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🔴 In this video - #padhakulog
Teacher's Name - CS Payal Popli
Topic - General Offer | Specific Offer | Difference between General Offer and Specific Offer
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