Relevant rules Regarding Acceptance
The following might be the relevant rules in connection with the acceptance:
(1) Acceptance Must Certainly be Communicated.
The acceptance shall be considered to be valid only when the acceptance has been communicated. Merely thinking that the acceptance’ should be communicated, or the letter for acceptance be written and not dropping it in the letter box of the post office, shall not be the acceptance. In other words, merely the mental acceptance, shall not be treated to be acceptance, unless it is not clarified by words or conduct.
(2) Acceptance Must be Completely Unconditional.
For a valid contract, it is essential that the acceptance should be unconditional and the acceptance is given for all the matters concerned with the offer. As per Sec. 7(1) of the Indian Contract Act, it is clear that the acceptance must be fully unconditional. If at the time of giving acceptance, some conditions are laid down, it shall not be the acceptance, rather against the old offer, it shall be in the form of a counter or alternative offer whose acceptance shall have to be takennin the light of the original offer. For instance, Ram intended to purchase a dog on the condition that it shall not bark. Shyam, having accepted this offer, also laid down one more condition that till anybody teases the dog, it shall not bark. Here, Shyam, not accepting the offer in its as-it-is condition, made some amendment in it, hence it is not the acceptance.
(3) Acceptance Must Be by the Same Person to Whom the Offer Has Been Made. If any person intends to make a contract specially, then the acceptance too must be given by that specific person on the acceptance being given by another person, the contract shall not be enforced.
Example. Vaishnav Mahavidyalaya of Indore placed an order for 100 benches for the students, with the firm M/s.Patni & Co. By mistake, this order was received by Mis.Patakni & Co., which complied with the order for the supplynof the furniture. Vaishnav Mahavidyalaya on this basis, might refuse to take the delivery of the furniture since the firm to whom the order was placed, had not accepted it.
(4) Acceptance Must Be Within the Definite Period.
Acceptance, as per the conditions of the offer, should be given within a definite or specific period. If no definite period has been given in the offer, the acceptance must be given within a reasonable period. What shall be the reasonable period’, shall be decided or determined
according to the conditions of the particular case.
(5) Acceptance Could Also be Given by Conduct. Very often, the acceptor doesn’t give the information of acceptance but expresses or indicates it by his conduct. This acceptance shall be treated to be valid.
Example. Mukesh, a student of B. Com., proposes to purchase a Question-Answer Book of Mercantile Law for Rs. 50 from Indore Book Centte. Indore Book Centre, while not communicating the acceptance, sends a book on Mercantile Law. The proposal of Mukesh shall be considered to have been accepted by Indore Book Centre, by their conduct.
(6) Revoked Offer Can’t be Given Acceptance Again. After revoking the offer, it might not be accepted again. Theboffer is over on its being once revoked. Hence, for the reacceptance, it is desirable that the offer be made afresh.
(7) Knowledge to the Acceptor About Offer is Essential. If there is no knowledge to any person about the offer, but acts according to the spirit of the offer so contained in it, shall not be considered to be the acceptance since for a valid contract, it is essential that the acceptor must have the knowledge of the offer.
(8) Acceptance by Implementation of the Offer’s Conditions. If there is the knowledge of the offer to anyone andhe observes the conditions of the offer accordingly, it shallnbe the acceptance of the offer. For instance, if some reward is announced for finding out any lost thing, then the task of searching that thing itself shall be the acceptance of the offer.
(9) Acceptance Could Both be Express and Implied.
When the acceptance is expressed in words, written or oral, it shall be an express acceptance. As against it, if by conduct or behaviour, some acceptance is indicated, it shall be the implied acceptance.
(10) Acceptance must be made after communicationbof offer-Offer must have communicated before it is accepted.
It is a simple rule that nobody can accept what is not communicated to him. An acceptance without offer: is not a valid acceptance;
(11) Silence can not be a mode of acceptance-Silence of the offeree can not be taken as acceptance. For example- A offered his car to B for Rs. 10,000 and said that if youndon’t reply, I shall assume that you have accepted my offer. Even if B does not reply, there can not be a contract.
(12) Acceptance must be made before the offer lapses or revoked- I is very important that the offer should be accepted before it lapses or is revoked or withdrawn by the party.making the offer. After the offer lapses or is revoked, it can not be accepted as there is nothing to be accepted.
It should be noted that once an offer has lapsed, it lapses for ever unless it has been revived again by the offeror