According to Sec. 2 (b) “When the person to whom the proposal is made signifies his willingness thereto the proposal is said to be accepted. A proposal, when accepted, becomes a promise.” By accepting the offer, the acceptor expresses his willingness to be bound by the terms and conditions of the offer. Regarding an offer and its acceptance, Anson has given an analogy of a lighted match stick. “Acceptance is to an offer what a lighted match is to a train of gunpowder. It produces something which can’t be recalled or undone.” An acceptance turns the offer into a binding obligation. a) An offer can be accepted only by the person to whom it is made: b) Acceptance should be unconditional and absolute: Sec. 7 (I) states that the acceptance should be absolute and unconditional. The acceptor should accept the offer in toto. If it is qualified or conditional, it ceases to be valid. In fact, a qualified or conditional acceptance is nothing but a counter-offer. c) Acceptance should be communicated . d) Acceptance should be according to the prescribed form. Unless specified in the offer the acceptance must be in some usual and reasonable manner. e) Acceptance must be provoked by offer: The acceptor must be aware of the offer. Even if he fulfills the conditions mentioned in the offer, if he is ignorant of the offer itself, he can’t give a valid acceptance. [Lalmann Shukla V, Gouridutt]. f) Acceptance must be given before the offer lapses or is revoked. g) Provisional acceptance is no acceptance: A provisional acceptance does not make a binding agreement unless final approval is given. The offer may be withdrawn before giving final approval. However, whether an agreement is provisional or final depends upon the intention of the parties.
Posted on: Sat, 22 Jun 2013 07:14:34 +0000
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