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2. Whether there is a valid contract.

Yes. There is a valid contract that took place between the plaintiff and the defendant. In the present
case, as per Section 4, 5, 6(1) of Indian Contract Act, 1872 the revocation is invalid as the communication
of revocation to be effective must reach the offeree before his acceptance and makes it out of his
power. In the present case, acceptance was sent before the notice of revocation was made. Also as per
Section 7(2) of Indian Contract Act, 1872, the acceptance must be done in the manner as prescribed
which was also clearly followed as stated. Thus, since the acceptance was made within the time and as
prescribed and the revocation was invalid. A contract took place.

Advanced argument:

It is humbly submitted that a contract took place between the plaintiff and the defendant. It is an offer
to become liable to anyone who, before it is retracted, performs the conditions, and although the offer
is made to the world, the contract is made with that limited portion of the public who come forward and
perform the condition on the faith of the advertisement. In the present case, the notification of
acceptance was sent as per the format prescribed. The fact that the acceptance was not read by the
defendant is clearly out of the power of the plaintiff. The fact that Section 4,5, 6(1) which state
‘Communication when complete.- The communication of a revocation is complete,- as against the
person to whom it is made, when it comes to his knowledge’, 'Revocation of proposals and
acceptances.- A proposal may be revoked at any time before the communication of its acceptance is
complete as against the proposer, but not afterwards’, ‘Revocation how made.- A proposal is revoked-
(1) by the communication of notice of revocation by the proposer to the other party’ clearly meaning
that Communication of revocation is complete when itknowledge and communication of revocation
should reach the offeree before the acceptance is out of his power, revocation is effective when it is
brought to the mind of the person to whom the offer is made, respectively. In the case of Spike v
Crab-Apple, appellant has accepted the offer by the behaviour before revoking the offer or
changing the offer. After offeree has accepted the offer; offeror cannot revoke the offer. As
mentioned above in the case Errington and what Denning LJ has stated; it cannot revoke once
appellant has started performing the act. If it is only incomplete offeror can revoke the offer.
Thus, the revocation was invalid. It is urged to the court to notice that the acceptance was sent as
prescribed in the advertisement as per Section 7(2) which states ‘Acceptance must be absolute.- (2) be
expressed in some usual and reasonable manner, unless the proposal prescribes a manner in which it is
to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable
time after the acceptance is communicated to him, insist that his proposal shall be accepted in the
prescribed manner, and not otherwise; but , if he fails to do so, he accepts the acceptance’. The
acceptance was sent before the revocation came to the acceptor’s knowledge. It is also urged to be
noticed as per Section 4 of Indian Contract Act that the communication of acceptance is out of the
power of the acceptor when it is put in a course of transmission to the proposer. In the present case, the
acceptor had already sent the notice of acceptance even before the proposer asked for the notice of
revocation of the offer to get published the next day. Hence acceptance is valid and a contract took
place.

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