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Acceptance

The Indian Contract Act 1872 defines acceptance as the assent given by the offeree to the proposal, turning it into a promise. Key characteristics include the Mirror Image Rule, the necessity of communication of acceptance, and the modes of acceptance, which can be through words or conduct. Acceptance can be revoked until the communication is completed against the acceptor, allowing for a window of revocation before the acceptance is fully acknowledged.

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9 views5 pages

Acceptance

The Indian Contract Act 1872 defines acceptance as the assent given by the offeree to the proposal, turning it into a promise. Key characteristics include the Mirror Image Rule, the necessity of communication of acceptance, and the modes of acceptance, which can be through words or conduct. Acceptance can be revoked until the communication is completed against the acceptor, allowing for a window of revocation before the acceptance is fully acknowledged.

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sararif2006
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Acceptance under Indian Contract Act

• The Indian Contract Act 1872 defines acceptance in


Section 2 (b) as “When the person to whom the
proposal has been made signifies his assent thereto, the
offer is said to be accepted. Thus the proposal when
accepted becomes a promise.”
• So as the definition states, when the offeree to whom
the proposal is made, unconditionally accepts the offer
it will amount to acceptance. After such an offer is
accepted the offer becomes a promise.
• For example A offers to buy B’s car for rupees two lacs
and B accepts such an offer. Now, this has become a
promise.
• Key Characteristics of Acceptance-:
• Mirror Image Rule: The acceptance must match the terms
of the offer exactly. Any variation from the terms constitutes
a counteroffer and not an acceptance.
• Communication: Acceptance must be communicated to
the offeror unless the offeror has indicated that no
communication is required or the contract is of a type where
acceptance is typically inferred from conduct.
• Mode of Acceptance: Acceptance can be communicated
through various means, including orally, in writing, or by
conduct, depending on the circumstances.
Communication of Acceptance

• Mode of Acceptance-:
• In this case of communication of acceptance, there are two factors to
consider, the mode of acceptance and then the timing of it. Let us
first talk about the mode of acceptance. Acceptance can be done in
two ways, namely
1.Communication of Acceptance by an Act: This would include
communication via words, whether oral or written. So this will include
communication via telephone calls, letters, e-mails, telegraphs, etc.
2.Communication of Acceptance by Conduct: The offeree can also
convey his acceptance of the offer through some action of his, or by
his conduct. So say when you board a bus, you are accepting to pay
the bus fare via your conduct.
• Timing of Acceptance-:
• The communication of acceptance has two parts. Let us take a look
1.As against the Offeror: For the proposer, the communication of the
acceptance is complete when he puts such acceptance in the course of
transmission. After this it is out of his hand to revoke such acceptance,
so his communication will be completed then. So, for example, A
accepts the offer of B via a letter. He posts the letter on 10th July and
the letter reaches B on 14th For B (the proposer) the communication of
the acceptance is completed on 10th July itself.
2.As against the Acceptor: The communication in case of the
acceptor is complete when the proposer acquires knowledge of such
acceptance. So in the above example, A’s communication will be
complete on 14th July, when B learns of the acceptance.
Revocation of Acceptance

• Section 5 also states that acceptance can be revoked


until the communication of the acceptance is completed
against the acceptor. No revocation of acceptance can
happen after such date.
• Again from the above example, the communication of
the acceptance is complete against A (acceptor) on
14th July. So till that date, A can revoke his/her
acceptance, but not after such date. So technically
between 10th and 14th July, A can decide to revoke the
acceptance.

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