INTERPRETATIVE ANALYSIS OF THE CONCEPT OF PROPOSAL AS UNDER SECTION 2(A) OF THE INDIAN CONTRACT ACT, 1872

AUTHOR – SRINJOY MITRA, STUDENT AT SYMBIOSIS LAW SCHOOL, PUNE

BEST CITATION – SRINJOY MITRA, INTERPRETATIVE ANALYSIS OF THE CONCEPT OF PROPOSAL AS UNDER SECTION 2(A) OF THE INDIAN CONTRACT ACT, 1872, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 1111-1115, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This article provides an interpretative analysis of the concept of “proposal” under Section 2(a) of the Indian Contract Act, 1872. It explores the statutory definition of a contract as an enforceable agreement and examines the essentials of a valid proposal, including communication, intent to create legal relations, and clarity of terms. The article highlights additional essentials derived from case law, such as the need for unconditional and absolute assent, prescribed communication methods, and timely acceptance.

The analysis identifies shortcomings in the statutory definition, such as the lack of explicit requirements for unconditional assent, communication methods, and time constraints. A revised definition is proposed to enhance legal clarity and precision. By examining case laws and theoretical foundations, the article aims to refine the statutory definition and facilitate clearer judicial interpretations, ultimately providing a more robust framework for contractual agreements.

Keywords:  Indian Contract Act, proposal, offer, contract, legal enforceability, Section 2(a), essentials of a valid offer, case law analysis, statutory interpretation, judicial clarity.