Sociology | Mercantile Law | International Law | International Relations
Acceptance
Acceptance is defined as, “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted”.
Who can accept?
Acceptance can be made by the person to whom offer is made. If it is made to particular person, it can be accepted only by him and by no third person on his behalf.
If the offer is made to the world at large, any person or persons, with notice of the offer, may accept the offer.
Performance of the conditions of the offer
According to the Sec.8 of Contract Act, “Performance of the conditions of the proposal is an acceptance of the proposal”.
For example, A person lost his original documents, then he announced that he would pay Rs.10,000 to the person who bring his documents. Another person after knowledge of the offer, search and find the documents, and hand over to the person. He is liable to Rs.10,000.
Legal Rules as to acceptance
- Acceptance must be absolute and unqualified.
Offeree cannot accept some part of offer and reject some part. Similarly, offeree cannot suggest or demand amendments, if he did it would be counter offer. - Acceptance must be in the prescribed mode: If no particular mode is prescribed it must be in a reasonable mode.
- Acceptance must be communicated to the offerer.
- Acceptance must be given within reasonable time or within specified time limit.
- Acceptance cannot be given before communication of offer.
- Acceptance must be made before the offer lapses or offer is withdrawn.
- Acceptance can be made by the party to whom the offer is made.
- Acceptance must show intention to fulfill the promise.