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Acceptance

Prof.Sucheta.Kanchi
Definition:
According to Indian Contract Act,1982;
Sec2(b), A proposal when accepted
becomes a promise and when the
person to whom the proposal is made
signifies his assent thereto, the proposal is
said to be accepted
Essentials of valid acceptance:
1. Acceptance must be given by offeree:
An offer can be accepted only by the person
to whom it is made

2. Acceptance must be absolute and


unqualified:
Offeree should not put any condition while
accepting an offer
3. Acceptance must be
communicated by the acceptor:
To enter into a valid contract, promisee must
communicate his assent to the promisor
A draft agreement relating to the supply of
coal was sent to the manager of a railway
company for his acceptance. The
manager wrote the words Approved and
put the draft into the drawer of the table
intending to send it to the co.for formal
contract to be drawn up. By some
oversight the document remained in the
drawer.
4. Mental Acceptance is not
sufficient in law:
Silence cannot amount to acceptance
Mental acceptance is not enough
Acceptance to be completed must be
communicated by words or conduct to the
offerer
Just intent to accept an offer does not give
rise to a contract
Usual way of Acceptance :
Oral
In writing
By post
By telegram
By courier
By fax
Any electronic means
5.Acceptance of the proposal:
Acceptance of the proposal is the
acceptance of all the terms
even though offeree is ignorant of some
terms and conditions
Provided terms are legible
6. Acceptance must be made by a
certain person:
When the offer is made to the public at
large
No contract can arise until it has been
accepted by certain person either by
words or by his conduct
The general offer is closed as soon as it is
accepted by a definite person
7. Acceptance must be given within
reasonable time:
M offered to take Ns house on 8th January
and received acceptance on 23rd May.
M refuses to buy a house
As the reasonable period of acceptance
had elapsed
So, he is entitled to refuse to buy the
house

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