Example: X calls Y and makes an offer to sell his computer for Rs. 25,000/-. Y accepts the offer. This is an example of explicit acceptance. In the case of a general offer, the acceptance of the offer is considered to be the acceptance of those who meet all the conditions prescribed in the offer. In it, the promisor accepts the offer, but asks the supplier to make conditional changes or changes to the terms of the offer. Here it is treated as a counter-offer. If one party leads another party to believe that a contract exists when a contract does not actually exist, there is still no acceptance. Instead, another legal doctrine, the estoppel à ordre, will control the case. To understand the concept of acceptance, we need to familiarize ourselves with the basic legal rules regarding valid acceptance and the essential elements of acceptance in contract law. And if the offer does not prescribe a prescribed type of acceptance or time limit, the acceptance of the offer must be made in a reasonable manner and within a reasonable time. Adoption in the definition of contract law is given in section 2(b) of the Indian Contracts Act, acceptance means: “If the person to whom the proposal is submitted indicates his or her consent to it, the proposal is deemed to have been accepted.

The proposal, if adopted, will become a promise. We have already dealt with the provisions relating to an offer, the legal provisions of a valid offer, the nature of the offer and the invitation to processing. Please see the link below. According to § 7 (b), acceptance must take place in the manner prescribed and within the time limit prescribed by the addressee. The offer may be revoked before the offer is accepted. Once the offer has been accepted, it cannot be revoked. If the supplier prescribes “telegram acceptance” and the target recipient sends the acceptance via a courier, the offer will not be accepted if the supplier informs the target recipient that the acceptance does not correspond to the prescribed manner. However, if the bidder does not do so, it is presumed that it has accepted the acceptance and that a valid contract is created. The purpose of the mailbox rule is to help a court decide which lawsuit is valid if the notification of acceptance and revocation is not immediate. [41] According to the mailbox rule, the acceptance of an offer by the target recipient is valid as soon as he submits it. [42] Once a target recipient accepts the offer, the offeror cannot withdraw from the offer.

If, on the other hand, a supplier wishes to revoke the offer, this revocation is effective only when the supplier receives it. A rejection by the target recipient is also valid only when it has been received by the tenderer. The rule is generally referred to as “acceptance upon shipment and rejection or revocation upon receipt.” Acceptance can only be made by the party to whom the offer is addressed. No other person can give this assumption to offer to whom it is not made. In the case of more direct forms of communication such as telephone and e-mail, unless there is a rejection or revocation prior to acceptance, acceptance is valid if communicated by telephone. [43] The rules on electronic mail are governed by the Uniform Electronic Transactions Act, which has been adopted by almost all states. This law provides that in electronic communications, the acceptance is valid when it has been sent. To be “sent”, the communication must be properly addressed or transmitted to the recipient, in a form that the recipient can process, and must be in a system beyond the control of the sender or under the control of the recipient.

[44] Silence is rarely a valid form of assumption, unless one of the following exceptions applies:[36] But what happens if the target deviates from the prescribed procedure? The answer to this question is given in Article 7(2) itself, which states that in the event of divergent hypotheses, “the applicant may, within a reasonable time after notification of acceptance, insist that his proposal be accepted in the prescribed manner and not otherwise; but if he does not, he accepts the (dissenting) hypothesis.” Whether between traders or non-traders, if the parties claim that there is a valid contract, although there are contradictory conditions, the Uniform Commercial Code assumes that there is a binding contract between the parties. .