Q. Rahul teaches his parrot to recite a proposal and then sends his parrot to Sweta. The bird repeats the recitation. Is this a valid proposal? Give reasons for your answer.
Bihar Higher Judicial Service (A.D.J.) Exam. 1990
State Bank Law Officer Exam. 1998 (Based on memory).
Ans: No, this is not a valid proposal (offer)—Section 2(a).
Reasons: Section 2(a) gives the definition of the word proposal in following terms—“When one person signifies to another his willingness to do or abstain from doing any thing, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal”.
The significant word used in the definition of proposal for the purpose of answer of this problem is ‘person’.
It is clear from the definition of proposal given in Section 2(a) that a proposal can be made only by a person either directly to the offeree or through his agent.
In this problem proposal has not been made by Rahul directly to Sweta but made by a parrot on behalf of Rahul. A parrot is not a person in the eye of law. Thus, it cannot be an agent of proposer or offerer. Hence, in the given problem, offer made by Rahul to Sweta is not valid because it has not been made by a ‘person’ either directly or through his agent.
Note: A similar problem was given in U.P. Civil Services Main Exam. 1994 in following words—“The plaintiff teaches his parrot to speak and sends it to make an offer to the defendant to sell his house. The parrot makes an offer to the defendant to sell the house of the plaintiff. Decide with reasons about the validity of this offer.”
Source: Kishor Prasad