Communication of an Acceptance
A clear and unmistakable indication of agreement with the parameters of the offer is what we mean when we talk about Acceptance. By the provisions of Section 2(b), the offeror must be informed of the acceptance before a contract may be established. The ‘postal rule’ does not apply under Indian contract law, which means that acceptance must be received by the offeror for it to be considered valid.
It is possible to convey acceptance through verbal communication, written communication, or behavior; nevertheless, the most important thing is that it must be unambiguous and explicit. It is commonly accepted that silence does not represent acceptance unless the conditions that are present suggest otherwise.
Communication of Offer, Acceptance and Revocation
When it comes to the field of contract law, efficient communication is a fundamental component that determines the process of forming, accepting, and rescinding offers. In 1872, the Indian Contract Act was created, which offers a thorough foundation for comprehending the dynamics of communication within contractual relationships. To shed light on the intricacies that drive these essential components of contract formation in India, this essay dives into the fundamental concepts that underline the communication of offer, acceptance, and revocation.
A clear and definite offer is required under Section 2(a), which states that “An offer must be able to create a legally enforceable agreement and must be clear and definite. Uncertainty and the possibility of disagreements might result from terminology that is ambiguous or vague.”
Geeky Takeaways:
- When contracting parties are face to face and negotiate in person, there is an instantaneous communication of offer and acceptance which gives rise to a valid contract.
- A valid contract comes into existence when the moment the offeree gives his absolute and unqualified acceptance to the proposal made by the offeror.
- The question of revocation does not arise in cases where an offer is made and accepted instantly at the same time.
- Thus, communication plays an important role in the Indian Contract Act, 1872.
Table of Content
- Communication of an Offer
- Legal Rules for Communication under the Act
- Communication of an Acceptance
- Communication of Revocation
- Time during which an Offer or Acceptance can be Revoked
- Effect of Delay or Loss of Letter of Acceptance in Postal Transit
- Accidental Formation of a Contract
- Contracts over the Telephone
- Conclusion
- Frequently Asked Questions (FAQs)
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