Ashab Muhammed

202621760
1) In the law of contracts, acceptance refers to
the promise or act of a buyer who indicates his
willingness to be bound by the terms and conditions
stipulated in a seller’s offer. Acceptance is a
necessary element of a legally binding contract. If
there is no acceptance, there is no deal.
Essentials of a legitimate acceptance

Section 7 of The Indian Contract Act,1872 lays

down two essentials of a legitimate acceptance.

Must be unconditional and absolute

2) Acceptance must be unconditional and absolute. There

can’t be conditional acceptance, that might amount
to a counteroffer which nullifies the first offer.
3) allow us to see an example. Anita offers to sell
his cycle to B for 2000/-. Bhumika says he accepts
if Anita will sell it for 1500/-. This doesn’t
amount to the offer being accepted, it’ll count as
a counter offer.
4) Also, it must be expressed during a prescribed manner.
If no such prescribed manner is described then it
must be expressed within the normal and reasonable
manner, i.e. because it would be within the normal
course of business. Implied acceptance also can tend
through some conduct, act, etc.

5) However, the law doesn’t allow silence to be a

sort of acceptance. Therefore, the offeror cannot
say if no answer is received the offer are going to
be deemed as accepted.

(2) Must be expressed in some reasonable manner

6) If the offeror doesn’t describe any prescribed

manner, then it must be expressed in the normal and
reasonable manner, i.e. because it would be in the
normal course of business.

3] Acceptance must be communicated

For a proposal to become a contract, the acceptance

of such a proposal must be communicated to the
 promisor. The communication must take place
in prescribed form, or any such form within normal
course of business if no specific form has been
prescribed.
7) Further, when the offeree accepts the proposal, he
must have known that a suggestion was made. He
cannot communicate acceptance without knowledge of
the offer.
So when A offers to provide B with goods, and B
is agreeable to all or any the terms. He writes a
letter to simply accept the offer but failed to
post the letter as the acceptance isn’t
communicated, it’s not valid.

4] It must be within the prescribed mode

Acceptance of the offer must be within the

prescribed manner as communicated by the offeror.
If no such manner is prescribed, it must be during a
reasonable manner that might be used within the
normal course of business.
But if the offeror doesn’t enforce the way
after the offer has been accepted in another
 manner, it’ll be presumed he has consented to such
acceptance.
8) So X offers to sell his farm to Y for ten lakhs.
He asks Y to speak his answer via post. Y e-mails X
accepting his offer. Now X can ask Y to send the
solution through the prescribed manner. But if X
fails to try to do so, it means he has accepted
the acceptance of Y and a promise is formed