Acceptance | Promise | Legal rules of Acceptance | Indian Contract Act 1872| BCom

Описание: When the person to whom offer is made, signifies his assent there to, the offer is said to be accepted. The offer once accepted becomes a promise. Sec 2(b)

Legal Rules of Acceptance
(1) It must be absolute and unqualified :
An acceptance to be effective must be absolute and unqualified of all the terms of the offer. A conditional or a qualified acceptance is no acceptance at all.
e.g., Mohan made proposal to Darshan to sell his watch for Rs. 250 and Darshan assents to buy the watch for Rs. 200. Darshan has not accepted the proposal of Mohan So ultimately it will be called as counter offer.

(2) It must be expressed in some usual manner :
If the acceptance is not according to the mode prescribed, or some usual and reasonable mode the offerer may intimate to the offerer within a reasonable time that the acceptance is not according to the mode prescribed and may insist that the offer must be accepted in the prescribed mode only. If he does not inform the offeree he is deemed to have accepted the acceptance.
A offers to buy a certain Quantity of Rice from B at a certain price and asks B to send a Telegram. B writes a letter accepting the offer. A may insist on a telegram from B, but if A does not insist, the acceptance is good.

(3) It must be by the party named in the offer:
An offer made to a particular person is to be accepted by him alone, because he is the only party intended to accept. However, if it is made generally, any member of the public may accept it. Eg :A offers by advertisement a reward of Rs. 500 to anyone who will bring his lost ring, any member of the public can accept this offer.

(4) An acceptance must be communicated to the offeror:
To form a contract between the parties, the acceptance must be communicated in some prescribed form. The acceptor should do something to signify his intention to accept. A mere mental acceptance, not evidenced by words or conduct is in the eyes of Law, no acceptance
e.g., (a) Nirav tells Neena that he intends to marry Rita, but tells Rita nothing of his intention. There is no contract, even if Rita is willing to Marry Nirav.

(5) Acceptance must be within a reasonable time :
Acceptance must be made while the offer is still in force i.e. before the offer lapses. If any time limit is prescribed in the offer, it should be accepted within the prescribed time limit. However, if no time is prescribed, it must be accepted within reasonable time and reasonable time depends on the circumstances of each case.

(6) Ignorance of offer is not acceptance:
Acceptance cannot precede the offer nor an acceptance in total ignorance of an offer results in a contract.
e.g., S Offered a reward to anyone who returns his lost dog. F brought the dog to S without having heard of the offer. Held F was unaware of the offer and hence the question of acceptance never arose

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