A contract is an agreement or a drawing together of two or more minds to form a common intention which gives rise to an agreement which is enforceable by law. Thus there are two minimum parties in a contract. One proposes and the other accepts the proposal. Acceptance of the terms of proposal is giving consent to the contract. The Indian Contract Act(hereinafter referred as Act) prescribes certain essentials to form a valid acceptance. This is noted below.
The definition of acceptance is in Section 2(b) of the Act. When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal when accepted becomes a contract.
1.  Acceptance by the Offeree
Offeree is the person to whom the proposal or offer is made. Acceptance must be made by the person to whom the proposal is made. If any other person accepts the proposal, it is not valid in law. He will not get any right in law unless it is a general offer. The offeror has made the offer to a specific person in order to get his assent. So it must be accepted by that specific person. Then only there will be an agreement and a resulting contract.
2.  Acceptance in time
In case of specific offers, the one who makes the offer generally gives a certain time within which the offer should be accepted by the offeree. This is done for giving certainty to the offer. So the acceptance must be within the time specified. But there are cases in which no time is specified. In such cases the acceptance must be within a reasonable time. After the time is over, the offer is not valid and cannot be accepted in the eyes of law.
3.  Acceptance must be unconditional
The terms of an offer must be made with a view to obtain the assent of other person to whom it is offered. Thus the terms should be reasonable. If in such a case, in the normal course the person supposed to accept the offer must do so without raising any complaints. Actually it is his discretion whether to accept it or not. There will be an agreement to the offer only if the offer has been accepted in the terms specified. If the offeree turns to be making certain conditions to accept the offer, then it is not a valid acceptance in the eye of law. This is so because if the person who accepts the offer on certain conditions, it is not a valid acceptance of the terms offered. It is only an acceptance of a modified offer which is different from the one offered by the offeror without his consent. So in the result it is not an acceptance of the terms offered as such and is not an acceptance. Section 7 of the Act says that the acceptance must be absolute and unqualified.
4.  Communication
Very much like the offer the acceptance should also be communicated. Mere silence cannot be considered accepting the terms of the offer. So the acceptance must be made in some visible form.
5.  Particular method of acceptance
If the terms of the offer specifies it to be accepted in some particular form, it should be made so. The person who made the offer can rightly reject the acceptance if it is not made in the form prescribed.

Post a Comment

Do not use abusive language