Hello,
It is elementary!
An "offer" is a statement of "willingness". Unless it is "accepted" the "Appointment" cannot be made.
Therefore if a candidate resigns his present employment BEFORE "accepting" and/or receiving "Appointment" assurance or the actual Appointment Letter, it is his problem and not that of the new (would be) employer. There will be no damages claimable or payable at all!
It is well known as principle of a "Contract" that for a contract to be enforceable three things must be present. Offer, Acceptance and Consideration. These come from the Indian Contract Act. Check if these three elements were present explicitly in the example you have stated and you will get the answer yourself easily!
Regards
samvedan
August 21, 2012
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