Law Of Contract By Avtar Singh Ebook Login
Law of contract. Eastern Book Co., 1980 - Law - 480 pages. Bibliographic information. QR code for Law of contract.
Contract inter-absentes are those contracts in which the contracting parties are not present in person at the time of making the contract. The parties rely on modes of communication for completion of a contract.
Section 3 of the Indian Contract Act, 1872 (“ Act”) specifies when is he communication of acceptance and revocation complete. In case of Lalman Shukul v. Gauri Dat, (1913) 11 AQLJ 489, a master sent his servant in search of his missing boy and subsequently offered a reward to any one who would find the boy. The servant, on finding the boy, could not claim the reward, as his search for the boy could not be regarded as a consideration for the promise of reward. Moreover, Section 4 of the Act specifies that the communication of proposal is complete when it comes to the knowledge of the person to whom it is made. Acceptance: The communication of an offer is complete when it comes to the knowledge of the person to whom it is made. When an offer is made by post, its communication will be complete when the offeree receives the letter.
Astrology css templates responsive. As per Section 7 of the Act the acceptance must be absolute and unqualified. It cannot be conditional. It must correspond with all the terms of the offer. Conditional acceptance is no acceptance. If there is a variation in the terms of the acceptance, it is not an acceptance, but a counter-offer, which the proposer may or may not accept and the whole process of communication will start again. An offer is accepted when the acceptance is communicated to the offeror and not to random third person. If the offer is made to the whole world, a contract can arise only by acceptance of the offer.
Hence knowledge of the terms of the offer is essential for acceptance and by doing what is required to be done under the offer, offer is said to be as accepted and there will be valid contract. Refer case of carbolic smoke ball mentioned in Consideration lecture.
Therefore, the communication of an acceptance is complete:- • as against the proposer, when it is put in the course of transmission to him, so as to be out of the power of the acceptor to withdraw, and • as against the acceptor, when it comes to the knowledge of the offeror. Requirements of Communication: • Acceptance must be in the mode prescribed: A proposal must be accepted according to the directions specified in the offer. If the proposer chooses goods o be delivered in particular fashion and at particular place then the proposer will not be bound to accept delivery at any other place.
If the proposer has not prescribed any mode of acceptance, it must be given and communicated in some usual and reasonable manner.• Acceptance must be communicated to the offeror: Acceptance must be communicated to the offeror to create a binding contract. Mental acceptance or communication to non relevant party to the contract is not an acceptance. If the proposal is made through an agent, it is sufficient if the acceptance is communicated to him. • Acceptance must be given within the time stipulated or within a reasonable time if time is not mentioned. Further, acceptance must be given before the offer lapses or is withdrawn. • Silence cannot be prescribed as mode of acceptance: The offer cannot frame his offer in such a way as to make the silence or inaction of the offeree to operate as an acceptance. Revocation: According to Section 5, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterward.
According to Section 4, The communication of a revocation is complete -as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when it comes to his knowledge. Thus, an offer can be revoked at any time before the offeree has posted the letter of acceptance. The revocation of the proposal is said to be complete when it comes to the knowledge of the offeror. A person may revoke the offer anytime before the offeree accepts the proposal and communicates his acceptance to the offeror. Acceptance of the offer will make an irrevocable communication. Therefore, the communication of Revocation is complete: • as against the person who makes it, when it is put into the course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; • as against the person to whom it is made, when it comes to his knowledge.