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What is the Acceptance and rules of valid and invalid acceptance?
According to the Section 2 (b) of Indian Contract Act 1872, an acceptance is defined as “when the person to whom the proposal has been made signifies his assent thereto, the offer is said to be accepted. Thus, the proposal when accepted becomes a promise”.
In other words, an offeree to whom a proposal is made, accepts the offer unconditionally is said to be an acceptance. An offer that is accepted becomes a promise.
Rules of valid acceptance
The rules of valid acceptance are as follows −
- Given only to whom an offer is made.
- It is communicated.
- In some cases, acceptance should be given before expiry date/period.
- Should be unconditional.
- Made according to the offeror specified method.
- Offer must be revoked before acceptance.
- Revoked previously (offer is valid at the time of acceptance).
- Must be absolute (partial acceptance is invalid).
- It is irrevocable (can’t be taken back after acceptance is given).
Rules of invalid acceptance
The rules of invalid acceptance are as follows:
- Without communication (makes invalid).
- Counter offer (new terms are introduced to the initial offer by the offeree).
- Conditional acceptance (subject to conditions).
- Cross offer (two offers are made simultaneously with similar terms).
- Ignorance of offer (unilateral offer of reward).
- Moment of acceptance.
- Where method is prescribed as well as not prescribed.
- By post.
- Exception (to rule of acceptance) by post.
- Revocation can be done.
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