When is acceptance in general offers complete

Offer and acceptance. Termination of contract. Related Books Free with a 30 day trial from Scribd. Coyote V. Acme Ian Frazier. Related Audiobooks Free with a 30 day trial from Scribd. Think Like a Billionaire James Altucher. Nothing to See Here Kevin Wilson. Dhwani Ahuja. Kirti Gadge. Kuldeep Sondagar , Student at R. Hansi Queen. Sabrin Sultana. Hammad Munir. Kailash Khali. Meenakshi Bhan Harith. Show More. Views Total views.

Actions Shares. No notes for slide. Offer And Acceptance 1. Offer and acceptance Section 2 a of Indian contract act defines offer as when one person signifies to another his willingness to do or to abstain from doing something with a view to obtaining the assent of other , such act or abstinence is said as proposal. He offers B Rs20 for the article. B refuses to sell saying the article is not for sale. B accept the proposal by a letter sent by post on the 4 th.

Oxley 3 T R ,A offered to sell hogshed at a certain price and promised to keep it open for acceptance by B till 4 PM of that day. Dodds 2ch. Montefiore 1 Ex. Held that the offer to take shares had lapsed as the reasonable time had passed since the making of the offer and M was not bound to take shares.

Diggon ,3M and R. The Judges gave a unanimous judgement holding the defendant not liable. Pollock CB held that the rule of law is clear, if you intend to contract with A, B cannot substitute himself as A without your consent and to your disadvantage. It was also held that whenever a person makes a contract with a specific personality, a specific party, so to say, for writing a book, for painting a picture or for any personal service or if there is any set off due from any party, no one has the authority to come in and maintain that he is the party contracted with.

Cross offers are not valid offers. For example- if A makes an offer to sell his car for 7 lakhs to B and B in ignorance of that makes an offer to buy the same car for 7 Lakhs, they are said to make a cross offer, and there is no acceptance in this case, hence it cannot be a mutual acceptance.

An important case in this aspect is the English case of Tinn v. Hoffman , the defendant wrote to the complainant an offer to sell him tons of iron at 69s per ton, at the same time the complainant also wrote to the defendant an offer to buy the iron at similar terms.

The issue in this case was that, was there any contract between the parties, and would simultaneous offers be a valid acceptance. The court held that these were cross offers that were made simultaneously without knowledge of one another and would not bind the parties. Here it is imperative to deduce that for a valid contract to be formed there needs to be an offer and acceptance of the same, whereas in a cross offer there is no acceptance, but only simultaneous offers being and therefore a cross offer will not lead to the formation of a contract.

When the offeree offers a qualified acceptance of the offer subject to modifications and variations in terms of the original offer, he is said to have made a counter offer. A counter offer is a rejection of the original offer. An example of this would be if A offers B a car for 10 Lakhs, B agrees to buy for 8 Lakhs, this amounts to a counter offer and it would mean a rejection of the original offer.

Later on, if B agrees to buy for 10 Lakhs, A may refuse. Spinner, held that any departure from original offer vitiates acceptance. In other words, an acceptance with a variation is not acceptance, it is simply a counter proposal which must be accepted by the original offeror, for it to formulate into a contract.

The Bombay High court gave this decision based upon the landmark judgement of Hyde v. Wrench, in which an offer to sell a farm for Pounds was rejected by the Plaintiff, who offered for it.

Subsequently the Plaintiff gave an acceptance to the original offer. Holding that the Defendant was not bound by a contract, the court said that the Plaintiff accepted the original offer of buying the farm at the price of pounds, it would have been a completely valid contract , however he gave a counter proposal to it, thus rejecting the original offer.

Counter offer also includes within its contours Partial acceptance, meaning that a party to the contract cannot agree to those conditions of the agreement that favour him and reject the rest, the acceptance should be of the complete agreement i. In Ramanbhai M. Nilkanth v. Ghashiram Ladliprasad , the plaintiff made an application for certain shares in a company with the underlying condition that he would be made the cashier in its new branch.

The Company did not comply with this and hence the suit. The court held that the Petitioners application for shares was condition on him being made the cashier and that he would have never applied for the shares had there been no such condition.

In Hargopal v. The shares were allotted to him without fulfilling the condition. The applicant did not say anything and took his dividends, a subsequent suit by him failed as the court held that he through his conduct had waived the condition.

When a counter proposal is accepted the contract arises in terms of the counter proposal and not in terms of the original contract. An Offer which remains open for acceptance over a period of time is called a standing offer.

Tenders that are invited for supply of goods is a kind of Standing Offer. In Perclval Ltd. London County Council Asylums and Mental deficiency Committee, the Plaintiff advertised for tenders for supply of goods. The defendant took the tender in which he had to supply to the company various special articles for a period of 12 months. The Court held that the Tender was a standing offer that was to be converted into a series of contracts by the subsequent acts of the company and that an order prevented pro tanto the possibility of revocation, hence the company succeeded in an action for breach of contract.

Although Invitation to Offer is not a type of offer per se, it is imperative to distinguish both to even construe what an actual offer is.

An invitation to offer is an offer to negotiate, an offer to receive offers, offers to chauffeur. An offer is a final expression of willingness to get into a contract upon those following terms. This means that the corporation must have received the acceptance letter and has verified with the sender before the job offer will take effect.

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