LAW OF CONTRACT I

ACCEPTANCE OF AN OFFER

Presented by
Name : Sadhana.S
Roll no: 20020
Group : 4

Presented to
Dr. Lovepreet Kaur
Asst. Professor of Law
RGNUL, Punjab
 ACCEPTANCE: DEFINITION AND ESSENTIALS
Section 2(b): “When the person to whom the
proposal is made signifies his assent thereto, the
proposal is said to be accepted. A proposal, when
accepted, becomes a promise.”

ACCEPTANCE

IMPLIED EXPRESS
 ESSENTIALS OF ACCEPTANCE

 Must be absolute and unqualified

 Reasonable/prescribed manner

ACCEPTANCE OF COUNTER PROPOSAL

 Created when the offeree makes variations to the
original offer
 Not binding on the proposer to accept counter
proposals, (Haji Mohd Haji Jiva v E. Spinner).
 COMMUNICATION OF ACCEPTANCE

 Without communication, acceptance has no legal effect

 Modes of Communication
 Instantaneous Modes ( telephone, telex)
 Non Instantaneous Modes ( post)
SILENCE AS ACCEPTANCE
 Silence doesn’t amount to acceptance ( Felthouse v.
Bindley)
 But exceptions exist
 If it has been explicitly mentioned in the proposal
 Exercise of improper control over goods by the offeree
 Acceptance exceeding reasonable time(3 weeks).
 IMPORTANT CASE LAWS

 Carlill v. Carbolic Smoke Ball Co, 1892

 
 Entores Ltd v. Miles Far East Corpn, 1955

 Bhagwandas Govardhandas Kedia v. Girdharilal

Parshottamdas and Co, 1966
THANK
YOU