This article is written by Satyendra Pratap Singh, B.A.LL.B (Hons.), 5th Sem. , Shri Ramswaroop Memorial University, Lucknow, Uttar Pradesh
Acceptance
Acceptance is described in Section 2(b) of the Indian Contract Act of 1872 as occurring “when the person to whom the proposition has been made shows his consent thereto. As a result, when accepted, the proposition becomes a promise. According to the definition, acceptance occurs when the offeree accepts the proposition without conditions from the giver. An offer like this becomes a promise if it is accepted. Example: B accepts A’s offer to buy his automobile from him for three lac rupees. This has now been made into a promise.
The suggestion also becomes irrevocable once it is accepted and becomes a proposal. An offer does not constitute a promise, but if it is accepted, a promise is made. A promise is also unrevocable since it binds parties to legal responsibilities. An offer may be withdrawn prior to acceptance. However, once acceptance has been made known, it cannot be changed or retracted.
Who can Accept?
Only the individual to whom an offer is made may accept it in the event of a specific offer. According to the law, C cannot replace B in a contract that A wishes to enter into without A’s permission. Case Law :
Boulton v. Jones
The following were the case’s relevant facts: B, who worked with X as a manager, bought his company. J made an order with X for the provision of specific products because J was owed money by X. Despite the fact that B was not the recipient of the order, he provided the products. J declined to pay B for the products because he wanted to put off his debt against X by getting into a contract with him.
Held: X received the offer, and B did not have the authority to accept it. A generic offer is one that can be accepted by anybody who complies with its conditions.
Legal Requirements for Acceptance / Communication of Acceptance
- The acceptance must be acknowledged: In order for an acceptance to be considered genuine, the offeree must not only express their acceptance, but also let the offeror know about it. The acceptance must be communicated explicitly or implicitly. Just accepting something mentally is not acceptance.
- Acceptance must be unqualified and unconditional : For an acceptance to be considered genuine, it must be unambiguous, unequivocal, and in line with the offer’s precise conditions. A modest adjustment in an acceptance is not an acceptance and may only be considered a counteroffer (i.e.., original may or may not accept).
- Method of approval : According to general guidelines, it must be done in the way that the offeror specifies. If there isn’t a specific way it must be accepted, then it must be in a customary and acceptable way. The acceptance must be communicated explicitly or implicitly. Just accepting something mentally is not acceptance.
- It is necessary to express (or) imply acceptance : An acceptance might be communicated verbally or nonverbally. Acceptance that is verbally articulated (spoken or written) is referred to as expressed acceptance. Implied or tacit acceptance is one that is inferred from a person’s behaviour or from the facts of the situation.
- Limitation on acceptance : If the offer has a deadline, it must be accepted within that window of time. If the offer does not include a deadline, it must be accepted in a timely manner.
Revocation of Acceptance
Revocation of Acceptance is a word used in law to describe the following :
- One offers a proposal.
- The same is accepted by the acceptor, who informs the proposer of this.
- Before the transmission reaches the proposer, the acceptor withdraws or cancels this acceptance.
Only before the transmission of acceptance is complete as against the acceptor, and not later, is the revocation of acceptance complete. Acceptance can also be revoked verbally or in writing. Before the acceptance reaches the offerer, it must be legally rescinded. Whether it is a revocation of an offer or an acceptance, we must take into account two factors : Timeframe and Completion of Communication.
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