Sunday, May 26, 2024

𝗝𝘂𝗱𝗶𝗰𝗶𝗮𝗹𝗗𝗿𝗲𝗮𝗺™

𝙰𝙵𝙵𝙾𝚁𝙳𝙰𝙱𝙻𝙴 & 𝙰𝙲𝙲𝙴𝚂𝚂𝙸𝙱𝙻𝙴

CONTRACTMODEL ANSWER

ACCEPTANCE

“Acceptance is to an offer what a lighted match is to a train of gun powder.” Explain

Whenever, a contract is made by parties, some rights and obligations arise from that contract and if parties enjoy the rights which have raised from the contract, then they will have to bear the consequences if they do not perform their contractual obligations.

Whenever, a party fails to perform his contractual obligation, then another party can file a suit and claim remedy from the wrongdoer. But an aggrieved party can file a suit only if there is a valid contract between parties. To make a valid and lawful contract, parties will have to take various steps which have been prescribed by Indian Contract Act, 1872.

According to Indian Contract Act, 1872, the initial step to make a contract is an offer. An offer has been defined by section 2(a) of the Indian Contract Act, 1872, and according to this section, an offer is nothing but a communication of willingness by one person to another person. If a person wants to do something or abstain from doing something and he expresses his intention to another person with a view to take his assent, that is an offer.

In a leading case of Lalman Shukla vs. Gauri Dutt, the Hon’ble court held that an offer is a first step to make a contract and an offer must be communicated to that person whose assent is necessary to make a valid contract.

If an offer has been made to a person, then it is discretion of latter person to whom offer has been made whether to accept the offer or not. If the latter person does not accept the offer, then the contract does not come into existence but if a person accepts the offer and there is a lawful consideration attached to it, then in this situation, a contract comes into existence and parties become bound from that very moment when the person accepts the offer.

In the leading case of Bhagwan Das vs. Girdharilal & Co., the Hon’ble court held that whenever the communication of an acceptance is made by offeree to offeror, then only the contract comes into existence.

According to the provisions of Indian Contract Act, 1872, from that very moment when offeree accepts the offer, the parties become bound and they will have to perform their contractual obligations and if any of the parties fail to perform his contractual obligation, then the aggrieved party has right to file a suit and claim remedy from the wrongdoer.

Hence, it can be said that it is right to say, “an acceptance is to an offer what a lighted match is to a train of gun powder.”

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