5.8 Forming a Contract 1 & 2

Part 1 — the elements (the classic four):1. Offer — a definite proposal, intended to bind on acceptance ("I will sell you my scooter for Rs 80,000"). Distinguish invitation to treat (a shop display, an advertisement, a tender notice — invitations to negotiate; UK: Fisher v Bell / Partridge v Crittenden line of cases).2. Acceptance — unqualified assent to the offer's terms; a qualified reply is a counter-offer (killing the original offer); silence is not acceptance; UK's postal rule (acceptance effective on posting) vs Nepal's knowledge-based rule (communication of acceptance is complete when it comes to the proposer's knowledge — the Contract Act 2056's design).3. Consideration — the price: something of value moving each way (UK doctrine: past consideration is no consideration; Nepal's Contract Act likewise requires consideration, with its own exceptions for natural love/affection written and registered).4. Intention to create legal relations — commercial presumptions yes, domestic presumptions no. Nepal adds statutory requirements: capacity (majority, sound mind), freeconsent (no coercion, undue influence, fraud, misrepresentation), lawful object, certainty — mirror the UK vitiating factors with the civil-law statute's vocabulary.Part 2 — formation in practice: revocation (before acceptance; by notice or lapse); offers by conduct; the battle of the forms (last shot rule in practice — whose standard terms ended the exchange); formalities (writing and registration where statutes require — land…