5.

Acceptance

Every offer must be accepted in toto in order to make a binding agreement . Section 7 of the contract Act
thus –lays down:

``In order to convert proposal into a promise, the acceptance Must: (i) be absolute and unqualified , (ii)
be expressed in some usual and reasonable manner, unless the proposal prescribed the manner in which it
is to be accepted’’ An offer must , therefore, be accepted in toto, unconditionally and in the prescribed
manner unless offered waives the condition relating to the manner of acceptance by accepting the
acceptance.

Until there in an absolute and unqualified acceptance , the stage of negotiation has not been passed and
no consensus ad idem has been created. Thus , an offer to sells horse for TK500.00 is not accepted when
the offered says that he is ready to buy it for TK300.00. it is only a counter offer . the existence of
counter proposal shows that the parties have not assented to the same terms . Similarly, if an offer is once
refused, it cannot be accepted unless it is renewed. Thus, if a offers to sell his horse for TK.500.00 and B
says that he will pay Tk.300.00, he cannot afterwards bind A to sell the horse even though he is ready to
pay the amount demanded by the offerer . A mere inquire , however, will not amount to a counterproposal
or rejection . An acceptance with an inquiry as to whether the terms can be varied is not a bar to the
formation of a contract.14

Communication of acceptance

The communication of acceptance is an essential ingredient in the formation of a binding contract. Mere
mental assent is no acceptance.The acceptor must do or say something to indicate his readiness to accept.
It has been observed in Brogden vs Metropolitan Rly.Co15 . that when the acceptor makes up his mind he
Should signify it to the plaintiff his having it in his own mind is nothing ``for , it is trite law that the
thought of man is not triable, for, even the devil does not Know what the thought of man is,”

Communication of acceptance need not be necessarily by words but ``may be expressed symbolically as
by the fall of the hammer upon a sale by auction16 or by a nod ,17 There are certain offering such as are
illustrated in the cases of advertisements offering rewards on condition of doing a particular act , which
are desired to be accepted by performance Such acceptance is Known as acceptance conduct.`` The
person who makes the offer shows by his language and from the nature of the transaction that he does not
expect , and that he does not require notice of the acceptance apart from notice of performance” 18

There is a distinction between the- communication of offer and the communication of acceptance . While
an offer is not communicated unless. It is brought to the notice of the offerer, an acceptance is
Sufficiently Communicated even though the offeree may be ignorant of the acceptance. This happens
when ``contract by pos t’’ is made. A makes an offer to B by a letter . If B wants to accept the offer, he
Must do Something to Inform A of his acceptance of the offer, he B posts the letter of acceptance , it will
be deemed sufficient . In other Words , every offer must be accepted in the usual way provided it has a
tendency to inform the offerer of the acceptance . it is not necessary that the offerer must actually Know
the acceptance of the offer. Thus in the above case, if B can Show proof of having posted the letter of
acceptance , the acceptance is sufficiently communicated to A though the letter may not reach A at all.
But communication of acceptance will not be considered complete only by showing proof of posting it
unless the offer expressly or impliedly prescribes the post office as his agent.

Under Bangladeshi Law ,`` the communication of acceptance is complete as against the offer when it is
put in a courses of transmission to him so as to be put out of the power of the acceptor, as against the
acceptor, when it comes to the Knowledge of the proposer’’ 19

Revocation of Acceptance

Before the acceptance reaches the offer, the acceptor can revoke the acceptance and thus prevent the
contract. Thus A makes a proposal to B . B Sends his acceptance by post . The communication of the
acceptance is complete as against A When the letter is posted, and as against B when the letter is received
by A . B, therefore , is at liberty to revoke his acceptance before the communication of acceptance is
complete against him, I.e.,, before his letter is received by A if he were therefore to send a telegram
revoking the acceptance will be revoked , But In English law acceptance cannot be revoked at all, English
courts are revoked even by a telegram of a special English law, revocation messenger outstripping the
arrival of the acceptance, for the contract is concluded when the letter of acceptance is posted, the
acceptor therefore is no longer at liberty to recede from it. Accordingly , it May be concluded that a
contract is made at the time and at the place when And where the letter of acceptance is posted but under
our contract Act , the contract is voidable at the Instance of the acceptor by the communication of he
revocation reaching before the acceptance ha come to the Knowledge of the offerer. 20