Revocation of Acceptance
– An acceptance may be revoked at any time before the communicationof the acceptance is complete as against the acceptor, but not afterwards.Thus the communication of revocation should reach earlier than the acceptance itself. Whatwill be the result if they reach together. The section does not make this point clear. Ex. – A proposesby letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. B mayrevoke his acceptance at any time before or at the moment when the letter communicating it reachesA, but not afterwards.
(Examine the role of consideration in a contract. State the exceptions to the rule Noconsideration, No Contract. Define and analyse consideration)
– When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstain from doing or promises to do or to abstain from doing,something, such act or abstinence or promise is called a consideration for the promise.
At the desire of the promisor
– The definition clearly emphasises that an act or abstinence which isto be a consideration for the promise must be done or promised to be done in accordance with thedesire of the promisor. In other words, the act shall not be a good consideration for a promise unless itis done at the desire of the promisor.Ex. – The Plaintiff, on the order of Collector of a town, built at his own expense, certain shops in abazar. The shops came to be occupied by the defendants who, in consideration of Plaintiff havingexpended money in the construction, promised to pay him a commission on articles sold through their agency in the bazar. The Plaintiff’’s action to recover the commission was rejected. The court heldthat the only ground for making of the promise is the expenses incurred by Plaintiff in establishing themarket but it is clear that anything done in that way was not “at the desire” of the defendants, so as toconstitute consideration. The act was the result not of the promise but of the collector’s order.
Promisee or any other person
Consideration be done by “the promisee or any other person”. It may move from the promiseeor if the promisor has no objection, from any other person.Ex. – A person had a daughter to marry and in order to provide her a marriage portion he intended tosell a wood of which he was possessed at the time. His son (the defendant) promised that if *the