Acceptance means giving consent to the offer.
Sec. 2 (b) –“A proposal is said to be accepted
when the person to whom the proposal is made
signifies his assent to that. A proposal when
accepted becomes promise”.
What is Acceptance?
1.Acceptance must be absolute & unqualified
2.Acceptance must be communicated to the offeror
3.Acceptance must be according to the mode of prescribed or
reasonable mode
4.Acceptance must be given within a reasonable time
5.Acceptance cannot precede an offer
6.Acceptor must show on intention to fulfill the term of offer
7.Acceptance must be given by the party or parties to whom
the offer is made
8.Acceptance must be given before the offer lapse
9.Acceptance cannot be implied from silence
Rules for a valid Acceptance
1.Acceptance must be Absolute & unqualified
: [section –7(1)] Acceptance must confirm
with the offer. In order to be binding,
acceptance must be absolute and unqualified
in respect of all terms of offer, whether
material or immaterial, major or minor. If
parties are not ad idem on all matters
concerning the offer and acceptance. There is
no contract.
2.Acceptance must be given within a
reasonable time :
If any time limit is specified, acceptance
must be given within specified time. If no
time limit specified, acceptance must be
given within a reasonable time.
3.Acceptance can not be Implied from
Silence:
The acceptance of an offer can not be
implied from the silence of the offereeor
his failure to answer, unless the offereehas
by his previous conduct indicated that his
silence means that he accepts.