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RAJIV GANDHI NATIONAL UNIVERSITY OF

LAW, PATIALA

TOPIC: DEFINITION AND ESSENTIALS OF A VALID


ACCEPTANCE AND REVOCATION

PRESENTED TO: PRESENTED BY:


DR. SANGEETA TAAK VINAY SHAKYAWAR
ASSISSTANT PROFESSOR OF LAW ROLL NO.: 19017
RGNUL GROUP: 4
ACCEPTANCE

• A proposal, when accepted, results in an agreement. It is only after the acceptance of


the proposal that a contract between the two parties can arise.
• The person making the proposal does not become bound thereby until acceptance.as
soon as his proposal is accepted that is known as promised where by both the parties
become bound.
• According to section 2 (b): "when the person to whom the proposal is made signifies
his assent thereto, the proposal is said to be accepted. The proposal, when accepted,
becomes a promise."
• Case Law: Patna Regional Dev. Authority v. Rashtriya Prayojna Nirman
Nigam
ESSENTIALS OF A VALID CONTRACT

• Acceptance should be communicated


Case of Felthouse v. Bindley

• Acceptance should be absolute and unqualified: it lapses by rejection or


counter offer
Case of Hyde v. Wrench

• Acceptance should be expressed in usual/prescribed manner


Case of State of Madhya Pradesh v. Gobardhan Dass

• Acceptance should be made while the offer is still subsisting


REVOCATION OF OFFER

• A proposal may be revoked at any time, before the communication of its


acceptance is complete as against the proposer, but not afterwards.
• Modes of revocation of offer –
 Revocation of Offer by notice of revocation
Dickinson v. Dodds,
 Revocation of contract by lapse of time
Ramsgate Victoria Hotel Co. v. Montefiore
 By failure to fulfil a condition precedent
By death or insanity of the offeror
REVOCATION OF ACCEPTANCE (INDIA)

• It has already been noted above that when the contract is created through post,
according to section 4, by posting of the letter of acceptance:
• 1) The proposer becomes bound when the letter of acceptance is posted to him,
• 2) but they accepted becomes bound when the letter of acceptance reaches the
proposer.
• Section 5 expressly permitted to the revocation of acceptance through the
following provision:
• "An acceptance may be revoked at any time before the communication of the
acceptance is complete as against the acceptor, but not afterwards."
REVOCATION OF ACCEPTANCE (ENGLAND)

• According to English law, once the letter of acceptance is, advise both the
parties and their appears to be no scope of revocation of acceptance by
sending the telegram or through a phone call.
• The reason of this position is that if the acceptor is allowed to withdraw his
acceptance, hero have the best of both the worlds, having a choice to make
the offeror on relying on his acceptance and also having an option to
withdrawal his acceptance by telegram or telephone call.
• In India, as it has been noted above, the position is different. Indian law
permits revocation of acceptance after the letter of acceptance has been
posted.
THANK YOU