Modes of Acceptance

1. Modes of Acceptance
What are the modes of acceptance recognised under the Contracts Act 1950 (Revised 1974) and
common law. Support your answers with reference to decided cases.
An acceptance must be communicated for it to be effective and valid. The
mental assent of both parties is not required but the external manifestation should exist. The
acceptor must dos something in order to notify his acceptance. For example, he should
communicate his acceptance of the offeror. This can be illustrated in the case of Brogden v
Metropolitan Railway Co (1877) 2 App Cas 666. In this case, the defendants had for some years
supplied the plaintiffs with coals. It was suggested by the defendants that a contract should be
entered into between...show more content...
Defendant banked in a sum of money to gain the confidence of the public. Plaintiff bought and used
the ball in the manner prescribed and caught influenza. She claimed for the compensation but the
defendant refused to compensate her. She then sued the defendant. Defendant contended that the
advertisement was a mere puff and was not intended to create a binding obligation. Court of Appeal
held that an offer can be made to the world and it becomes a contract when any person performs the
condition. It was also mentioned in Section 7(b) of the Contracts Act that where the mode of
acceptance is specified in the offer, the acceptor must communicate his acceptance in that mode. If
no mode is specified, acceptance by any usual and reasonable manner which shows the acceptor 's
intention to accept is sufficient.
There are a few types of communication of acceptance. First is via post or
telegram. There is a difficulty in this type os communication of acceptance due to the time lag
between sending and receiving and in situations where the acceptance is not received by the offeror
without the fault of either party. The general rule at common law is that acceptance is complete
when it is brought to the notice of the offeror. But it was stated in the postal rule that an acceptance
is complete when the letter containing such acceptance is posted, or when the telegram containing
such acceptance is handed in. This can be seen in the case of
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