Page 5 - 01. Indian Contract Act, 1872

Acceptance

 It means giving consent to the offer.
 Sec, 2(b) of the person to whom the proposal to the person making the

inquiry
Essentials of a valid acceptance

 It must be absolute and unqualified.

 It must be communicated to offeror.
 It must be in the mode prescribed.

 It must be given within reasonable time
 Mera silence is not acceptance offer can prescribe the mode of acceptance but

not the mode of rejection.

Relevant Case Law :
* Felthouse Vs. Bindley
Facts.

(i) F offered by letter to buy his nephew‟s herse for £ 30 stating “If I hear no

more about it, I shall consider it mine at £ 30.”

(ii) Nephew did not reply, but told the auctioneer not to sell it as he has already

sold it to his uncle.

(iii) Auctioneer sold it by mistake

(iv) F sued the auctioneer

Decision – F could not succeed as his nephew has not communicated his

acceptance

 It must be given before the offer lapses

 It must emanate from offer

 It the offer is one which is to be accepted by being acted upon, no
communication of acceptance to the offeror is necessary, unless communication

is stipulated for in the offer itself

Relevant Case Law :
* Lalman Shukla Vs. Gouri Dutt
Facts
(i) S sent his servant L, to trace his missing nephew
(ii) Later , S offered a reward for finding out his nephew
(iii) L traced him ignorant of the reward
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(iv) L clamed his reward later.
Decision – L was not entitled to the reward.