Acceptance | Indian Contract Act 1872



When a person gives his offer to do or not to do anything It is his proposal to other person. If other person accepts his proposal, it will be the acceptance of other person.  As per section 2 (b) of Indian contract act, " We say promise to accepted offer." For example, when a company issues his shares to shareholder, it is the acceptance of shareholder's offer.

Without acceptance, an agreement can not become a valid contract.

Essentials of a Valid Acceptance 

1. Acceptance must be Absolute and Unconditional : 

In psychology, we also say it as surrender. So, acceptance must be absolute and unconditional. If a person (who wants to accept the offer) want to accept on basis of his conditions, then this will not valid acceptance because it will create counter offer. Acceptance should be of all conditions of offer.

2. Acceptance must be Communicated to the Offeror

If a person who gives the acceptance will be silent, then no contract will exist. So, acceptance should be given through written, oral or other media of communication to the offeror.

3. Acceptance must be Made within a Reasonable Time 

Acceptance must be made to offeror before the closing day of offer. If offeror revocate his offer before acceptance, then no contact will exist.

4. Acceptance may be express or implied 

Like offer, acceptance may be express or implied. When a person gives his acceptance through his tongue or through writing, it will be the acceptance through expression.  If a person who gives his acceptance through his conduct or behaviour, it will be his implied acceptance. For example, when you go to a shop and take one packet of biscuit and eat it, it means, you have accepted to pay its price by your conduct.

5. Acceptance must be communicated in proper manner 

If offeror did not decide the way of communication of acceptance, then it should be given through proper manner.

6. An offer can be accepted by the person to whom it is made 

A person to whom offer is not made can not give acceptance. Acceptance must be give by a person to whom offer is made.

7.  The Acceptor must be aware of the proposal at the time of acceptance 

If any acceptor may behave with the offeror like he accepts his offeror without the awareness of the proposal, then it will not make a valid contract.

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Vinod Kumar

Educator

Prof. Vinod Kumar is an Indian Educator, Motivational Speaker, Naturopathic Practitioner and Entrepreneur . He is the founder of Svtuition... read more »

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