Sunday, 30 January 2022

Acceptance in Indian contract act.

 Acceptance under Indian Contract Act by kalyani

Acceptance: Acceptance is defined under section 3,7,8.The Indian Contract Act 1872 defines acceptance in Section 2 (b) as “When the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted.

Section 7-8 lays own the requisite conditions for converting a proposal into promise.

  1. The performance of the conditions of a proposal, or

  2. The acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal: s.8.

Section 7 then lays down the following two essentials of a valid acceptance, which will convert a proposal into promise:

  1. The acceptance must be absolute and unqualified.

  2. The acceptance must be expressed in some usual and reasonable manner in which it is to be accepted.

Note: if the proposal prescribes a manner in which it is to be accepted, and the acceptance I not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner an not otherwise; but if he fails to do so, he accepts the acceptance: s.7.

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