An oral contract is a contract whose terms have been agreed by oral communication. This contrasts with a written contract in which the contract is a written document. There may be written evidence or other physical evidence of an oral contract – for example, if the parties write what they have agreed to – but the contract itself is not written. Oral contracts can be applied if they are properly concluded in front of witnesses. For example, texaco made a higher bid in 1984, after Getty Oil was sold to Pennzoil in a handshake deal, legally binding under New York law, and the company was sold to Texaco. (Although the case was tried in Texas, New York law was in effect.) Pennzoil filed a complaint for unauthorized breach of the oral contract, which was upheld by the court and subsidized $11.1 billion in damages, which were later reduced to $9.1 billion (but were increased by interest and penalties).  Therefore, an offer may be made by word or in writing or conduct in a manner that has the effect of communicating the offer to the bidder. An explicit offer is made by a positive act on the part of the supplier or may also be implicit in the supplier`s behaviour. Section 9 confirms the above observations. It is “To the extent that the proposal or acceptance of a promise is made in words, the promise is qualified as explicit.
To the extent that such a proposal or adoption is made otherwise than in words, the promise is described as implicit. An offer made by words, whether written or oral (oral contract), we call it an explicit treatise. And if an offer is made by the behavior and actions of the supplier, it is a tacit contract. This is the very first step in the execution of the contract. The term “proposal” in Indian law is equivalent to the term “offer” used in English law. The definition makes it clear that the intention must be to seek the opinion of the other party, failing which it cannot be qualified as a valid offer. For example, A wants to sell his TV to B for Rs/-10000, and if B wants to buy the same thing, it amounts to a proposal from A for the sale of the TV. This intention to obtain the agreement of the other party may be implicit or explicit. The law defines how the proposal may be communicated. [ii] Section 3 provides that “the transmission of proposals, the adoption of proposals and the withdrawal of proposals or assumptions shall be deemed to have been carried out by any act or omission of the Party proposing, accepting or revoking a proposal by which it intends to communicate that proposal, its acceptance or revocation or to have it communicated”.
Therefore, the definition makes it clear that a tender may be communicated by the supplier by any act or omission by which the tenderer – once the tender has been made and accepted, both parties are bound by the agreement and not before. If the proposal or adoption is made otherwise than in terms, the promise is considered implied. [iv] Adoption must have the effect of communication, even if it is implied. [v] Adoption may also be made in written or oral words. . . .