CONTRACT LAW — Formation of Contract — Definition of Offer — Verbal, Written or Implied
Ratio Decidendi
Per Adekeye, JSC, in Bilante Int'l Ltd v. NDIC (2011) NLC-123-177-1996(SC) at p. 11; Paras C—D:
"An offer may be defined as a definite indication by one person to another that he is willing to conclude a contract on the terms proposed which when accepted will create a binding legal obligation. Such offer may be verbal, written or even implied from the conduct of the offeror."
Explanation / Scope
This principle defines an offer as a definite indication of willingness to contract on proposed terms, which may be verbal, written, or implied from conduct. The principle applies in contract formation. It ensures that offers are recognized in any form. The principle reflects the flexible nature of offers. It allows implied offers. The court must determine if an offer exists. The principle provides guidance on offers.