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ACCEPTANCE
DEFINATION
“When the person to whomthe proposalhas been made signifies his assent
thereto, the offer is said to be accepted. Thus the proposalwhen accepted
becomes a promise.”
Essential Elementsof a Valid Acceptance:
The following are legal rules or essentials of a valid acceptance;
1. Acceptance must be givenby the personto whom the proposal is made:
An acceptance to be valid mustbe given only by a person to whomoffer has been
given. In other words, acceptancemust movefrom the offeree and no one else.
2. Acceptance canbe givenonly whenthe acceptor has the knowledge of the
offer:
Acceptance therefore cannot be given without the knowledgeof offer, as in case
of Lalman Shukla v GauriDutt.
3. The acceptance must be absolute and unconditional:
Itis another important essential element of a valid acceptance. A valid contract
arises only if the acceptance is absolute and unconditional. Itmeans that the
acceptance should be in total (i.e. of all the terms of the offer), and without any
condition. Thus, an acceptance with a variation is no acceptance. Itis simply a
counter offer. A counter offer puts an end to the original offer, and it cannot be
revived by subsequentacceptance.
4. The acceptance must be givenwithinthe time prescribedor withina
reasonable time:
Sometimes, the time limit is fixed within which an acceptance is to be given. In
such cases, the acceptance mustbe given within the fixed time limit. In case, no
time is prescribed, the acceptance should be given within a reasonabletime. The
term ‘reasonabletime’ depends upon the facts and circumstances of each case.
5. The acceptance must be givenbefore the lapse of offer:
A valid contract can ariseonly when the acceptance is given beforethe offer has
elapsed or withdrawn. An acceptance which is made after the withdrawalof the
offer is invalid, and does not create any legal relationship.
6. The acceptance must be communicated:
Itis an important and essential element of a valid acceptance. The definition of
acceptance as given emphasizes this requirement. According to this, the consent
to the offer should be signified (i.e. indicated or declared). In other words, the
acceptance is completed only when it has been communicated to the offeror. It
may be noted that until the acceptance is communicated, it does not create any
legal relations.
7. The acceptance must be communicatedto the offer or himself:
A valid contract arises only if the acceptance is communicated to the offeror
himself. If acceptanceis communicated to the person, other than the offeror, it
will not create any legal relationship. In fact, such communication is no
communication at all.
8. The acceptance must be in the prescribedmanner:
Itis the legal rule of the acceptance that it must be accepted in the prescribed
manner. If the offer is not accepted in the prescribed manner, then the offeror
may rejectthe acceptance within reasonable time. Itmay, however, benoted
that, if the offeror does not reject the acceptance within a reasonabletime then
he becomes bound by acceptance. [
9. The acceptance must be givenin some usual and reasonable manner:
Itis another important legal rule of an acceptance that whereno mode is
prescribed, acceptance mustbe given in someusual and reasonable manner. In
such cases, the mail courseis considered, a very reasonablemanner.
10. The acceptance must showan intentionthat acceptor is willing tofulfil the
terms of the offer:
A valid contract can ariseonly when the acceptance is given with the intention of
fulfilling the terms of the contract. An acceptance which is made jokingly and
without any intention of entering into a contractis invalid and does not create
any legal relationship.
11. The acceptance may be express or implied:
An acceptance, which is expressed by words written or spoken, is called an
express acceptance.
12. The acceptance cannot be presumedfromsilence:
Sometimes, the acceptor does not convey his decision to the offer or/and keeps
silent. In such a case, his silence does not amount to acceptance. Similarly, the
offeror does not have the legal rights to say that if no answer is received within a
certain time, the offer shall be deemed to have been accepted. He (the offeror)
cannot imposea condition that offeree’s silence will be regarded as equivalent to
acceptance.
…………………………………………………………………………………………………………………..

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Businessssss Laaw.docx

  • 1. ACCEPTANCE DEFINATION “When the person to whomthe proposalhas been made signifies his assent thereto, the offer is said to be accepted. Thus the proposalwhen accepted becomes a promise.” Essential Elementsof a Valid Acceptance: The following are legal rules or essentials of a valid acceptance; 1. Acceptance must be givenby the personto whom the proposal is made: An acceptance to be valid mustbe given only by a person to whomoffer has been given. In other words, acceptancemust movefrom the offeree and no one else. 2. Acceptance canbe givenonly whenthe acceptor has the knowledge of the offer: Acceptance therefore cannot be given without the knowledgeof offer, as in case of Lalman Shukla v GauriDutt. 3. The acceptance must be absolute and unconditional: Itis another important essential element of a valid acceptance. A valid contract arises only if the acceptance is absolute and unconditional. Itmeans that the acceptance should be in total (i.e. of all the terms of the offer), and without any condition. Thus, an acceptance with a variation is no acceptance. Itis simply a counter offer. A counter offer puts an end to the original offer, and it cannot be revived by subsequentacceptance. 4. The acceptance must be givenwithinthe time prescribedor withina reasonable time: Sometimes, the time limit is fixed within which an acceptance is to be given. In such cases, the acceptance mustbe given within the fixed time limit. In case, no
  • 2. time is prescribed, the acceptance should be given within a reasonabletime. The term ‘reasonabletime’ depends upon the facts and circumstances of each case. 5. The acceptance must be givenbefore the lapse of offer: A valid contract can ariseonly when the acceptance is given beforethe offer has elapsed or withdrawn. An acceptance which is made after the withdrawalof the offer is invalid, and does not create any legal relationship. 6. The acceptance must be communicated: Itis an important and essential element of a valid acceptance. The definition of acceptance as given emphasizes this requirement. According to this, the consent to the offer should be signified (i.e. indicated or declared). In other words, the acceptance is completed only when it has been communicated to the offeror. It may be noted that until the acceptance is communicated, it does not create any legal relations. 7. The acceptance must be communicatedto the offer or himself: A valid contract arises only if the acceptance is communicated to the offeror himself. If acceptanceis communicated to the person, other than the offeror, it will not create any legal relationship. In fact, such communication is no communication at all. 8. The acceptance must be in the prescribedmanner: Itis the legal rule of the acceptance that it must be accepted in the prescribed manner. If the offer is not accepted in the prescribed manner, then the offeror may rejectthe acceptance within reasonable time. Itmay, however, benoted that, if the offeror does not reject the acceptance within a reasonabletime then he becomes bound by acceptance. [ 9. The acceptance must be givenin some usual and reasonable manner: Itis another important legal rule of an acceptance that whereno mode is prescribed, acceptance mustbe given in someusual and reasonable manner. In such cases, the mail courseis considered, a very reasonablemanner.
  • 3. 10. The acceptance must showan intentionthat acceptor is willing tofulfil the terms of the offer: A valid contract can ariseonly when the acceptance is given with the intention of fulfilling the terms of the contract. An acceptance which is made jokingly and without any intention of entering into a contractis invalid and does not create any legal relationship. 11. The acceptance may be express or implied: An acceptance, which is expressed by words written or spoken, is called an express acceptance. 12. The acceptance cannot be presumedfromsilence: Sometimes, the acceptor does not convey his decision to the offer or/and keeps silent. In such a case, his silence does not amount to acceptance. Similarly, the offeror does not have the legal rights to say that if no answer is received within a certain time, the offer shall be deemed to have been accepted. He (the offeror) cannot imposea condition that offeree’s silence will be regarded as equivalent to acceptance. …………………………………………………………………………………………………………………..