Skip to main content

Case laws related to acceptance in contract

 Case laws related to acceptance in contract .


In the case of felthouse v. Bindley, it was made understood that silence is not acceptance.

An offer letter was sent offering to buy a horse owned by the defendant and also stated in that letter that, if you do not reply I will consider the offer as accepted.The person couldn’t reply because he was busy.

Plaintiff didn’t receive any reply from the other side and considered it as an acceptance and demanded for the horse but the defendant declined to sell the horse. Plaintiff approach to the court for the same .The court held silence cannot be considered as acceptance in this case.


Powell v. Lee

The one who initiates an offer is called an offerer . The one who is supposed to accept or reject the offer or who receives the offer is called an offeree

Powell Applied for a job as a headmaster in one of the schools and the school manager in the selection Board committee told powell that he has been selected but at that time the manager was outside his authority. It was an unofficial statement made by the manager.

The Board later selected somebody else

Powell approached the court for the same but the court held that the acceptance was not given by the offeree ( Board). So,it is not a valid contract.


Brogden v. Metropolitan Railway


Brogden made an offer in the form of a contract to Metropolitan railway Metropolitan railway amended the contract and made a counter offer.

The process of amending and sending back happened for a while but at one point the other party did not send acceptance but carried out business as per the terms of counter offer.

The court held that it was an implied acceptance as the date today activities and transactions are happening on the basis of that contract.

Silence does not amount to acceptance but the conduct and the behaviour of the person can be said as implied acceptance.


In the case of Dickinson v. Dodds

The defendant offered Dickinson to sell his house for £800 and even added that the offer is open till Friday.

The defendant sold the house to someone else on Thursday

Dickinson sued doddsfor the breach of contract as in his eyes the offer made to him was supposed to be valid till Friday but The house was sold to someody else on Thursday.

It was held by the court that keeping the offer open till Friday was just a promise, it would not amount to contract as there was no consideration or acceptance from the plaintiff side.


In the case of Bhagwandas Kedia v. Girdharlal and Co


Section 4 of Indian contract act says that and acceptance is said to be complete when it is put in a course of transmission .

Exception to section 4 in case of instantaneous communication,

In case of instantaneous communication the contract is complete only when the acceptance is received that is clearly heard and understood by the offer and the offer is deemed to be made at the place where acceptance is received or heard. (Acceptance by telephone).


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti