Wednesday, May 29, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

CONTRACTMODEL ANSWER

ACCEPTANCE & RULES

Define the term “Acceptance” as per the Indian Contract Act 1872 and briefly state the rules governing a valid acceptance.

Section 2(b) of the Indian Contract Act defines an acceptance as:
“When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.”
Rules regarding a valid acceptance are:-

Rules regarding a valid acceptance are:- 1. Acceptance can only be given to whom the offer was made i.e, a third party cannot give a valid acceptance.

2. It has to be absolute and unqualified as per Section 7 of the Indian Contract Act.

3. Acceptance must be communicated either by performing the conditions attached to the offer or by receiving consideration in case of reciprocal promises as per Section 8 of the Indian Contract Act.

4. It must be in the prescribed mode and in the prescribed time as expressed by the offeror and if not expressed, then acceptance needs to be made in a reasonable manner.

5. Silence does not amount to a valid Acceptance and needs to be communicated to the offeror.

6. No Acceptance Prior to the Offer i.e, valid acceptance can only be given when the offeree has the knowledge of the offer.

7. Acceptance can be given only by the Offeree or Authorised Agent and no other person can give the valid acceptance.

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