Acceptance as said in first blog is the second part of an agreement. ( agreement = offer + acceptance)
Acceptance can be defined as " when a person signifies his assent to do or abstain from doing something,which the offeror has offered him to do or to abstain makes an acceptance". In other words acceptance is made when a person signifies his assent to a proposal. A proposal when accepted becomes a promise. Thus acceptance is giving assent to a proposal and it has the effect of converting an offer into a promise.
Following are the essentials of a valid acceptance:
1)Consenus ad idem : Consesus ad idem mean agreeing to the same thing in the same sense. Thus the person accepting a proposal should agree to the same thing in the same sense as the offeror intended him to.
2)Communication: An acceptance should be communicated back to the offeror. It is essential that a person should be aware that the acceptance has been made in order to conclude it as an agreement. Communication can be express or implied. Express communication means written communication , Implied communication means that the acceptance is implied from the conduct of the parties.Eg: A has opened a cafe and B takes a seat there. Here B's conduct implies that he has accepted to take the services of the cafe.
3)Legal relationship : An acceptance should be made with the intention of creating a legal relationship. Legal relationship means either party can claim damages if either of them breach the contract. But all agreements do not create a legal relationshp. Eg: A agrees to B that they will meet for dinner at 9 , here if A does not turn up for dinner then B cannot claim damages as its only an agreement without legal relationship.
4)Absolute and unqualified acceptance: An acceptance should be absolute and unqualified. It should be accepted as the offeror has offered and not according to the wishes of the offeree.
5)Performance of the conditions of the offer is acceptance: In certain occasions performance of the conditions amounts to acceptance its not needed to be communicated. This applies in general offers, where any one from general public can fulfill the conditions in the offer and it would amount to an acceptance.
6)Offer should be accepted within the prescribed time : If there is a time mentioned in the offer then the acceptance should be given in the prescribed time and not after that. In the case where there is no time mentioned there the acceptance should be given in a reasonable time.
7) Cross offer ,counter offer- A cross offer and a counter offer doesn't not amount to acceptance. A cross offer is when the offeree offers to the offeror the same offer than he has been offered and counter offer is when the offeree offers a new offer with new conditions rejecting the offer received by him.
Revocation of acceptance -
In India an acceptance can be revoked before the communication of acceptance is completed against the offeree but not after that.
Following are the important points regarding revocation of acceptance :
1) Before communication : The offeree has to revoke the acceptance given before the communication of acceptance is completed against him.
2) When there is time given for acceptance the offeree needs to accept the offer only within that stipulated time but not after. but once he gives his acceptance it cannot be revoked.
3)A qualified acceptance would lead to cancelling the acceptance as an acceptance should be unqualified.
4) Grumbling assent : Grumbling assent is not a qualified acceptance provided it stops short of dissent.
5) Death and Insanity : Death of either party causes the offer to lapse. In India such death has to brought to the notice of the part before acceptance and the same applies in the case of insanity.
6)In an auction sale the acceptance of a bid may be of three kinds : Conditional acceptance,provisional acceptance,absolute acceptance.
7) If the terms of the proposal depend upon third party's discretion , in such circumstances the acceptor can revoke the acceptance.Where it is an essential condition to acceptance which is left to a third party, the acceptance can be said to be only qualified.
Acceptance can be defined as " when a person signifies his assent to do or abstain from doing something,which the offeror has offered him to do or to abstain makes an acceptance". In other words acceptance is made when a person signifies his assent to a proposal. A proposal when accepted becomes a promise. Thus acceptance is giving assent to a proposal and it has the effect of converting an offer into a promise.
Following are the essentials of a valid acceptance:
1)Consenus ad idem : Consesus ad idem mean agreeing to the same thing in the same sense. Thus the person accepting a proposal should agree to the same thing in the same sense as the offeror intended him to.
2)Communication: An acceptance should be communicated back to the offeror. It is essential that a person should be aware that the acceptance has been made in order to conclude it as an agreement. Communication can be express or implied. Express communication means written communication , Implied communication means that the acceptance is implied from the conduct of the parties.Eg: A has opened a cafe and B takes a seat there. Here B's conduct implies that he has accepted to take the services of the cafe.
3)Legal relationship : An acceptance should be made with the intention of creating a legal relationship. Legal relationship means either party can claim damages if either of them breach the contract. But all agreements do not create a legal relationshp. Eg: A agrees to B that they will meet for dinner at 9 , here if A does not turn up for dinner then B cannot claim damages as its only an agreement without legal relationship.
4)Absolute and unqualified acceptance: An acceptance should be absolute and unqualified. It should be accepted as the offeror has offered and not according to the wishes of the offeree.
5)Performance of the conditions of the offer is acceptance: In certain occasions performance of the conditions amounts to acceptance its not needed to be communicated. This applies in general offers, where any one from general public can fulfill the conditions in the offer and it would amount to an acceptance.
6)Offer should be accepted within the prescribed time : If there is a time mentioned in the offer then the acceptance should be given in the prescribed time and not after that. In the case where there is no time mentioned there the acceptance should be given in a reasonable time.
7) Cross offer ,counter offer- A cross offer and a counter offer doesn't not amount to acceptance. A cross offer is when the offeree offers to the offeror the same offer than he has been offered and counter offer is when the offeree offers a new offer with new conditions rejecting the offer received by him.
Revocation of acceptance -
In India an acceptance can be revoked before the communication of acceptance is completed against the offeree but not after that.
Following are the important points regarding revocation of acceptance :
1) Before communication : The offeree has to revoke the acceptance given before the communication of acceptance is completed against him.
2) When there is time given for acceptance the offeree needs to accept the offer only within that stipulated time but not after. but once he gives his acceptance it cannot be revoked.
3)A qualified acceptance would lead to cancelling the acceptance as an acceptance should be unqualified.
4) Grumbling assent : Grumbling assent is not a qualified acceptance provided it stops short of dissent.
5) Death and Insanity : Death of either party causes the offer to lapse. In India such death has to brought to the notice of the part before acceptance and the same applies in the case of insanity.
6)In an auction sale the acceptance of a bid may be of three kinds : Conditional acceptance,provisional acceptance,absolute acceptance.
7) If the terms of the proposal depend upon third party's discretion , in such circumstances the acceptor can revoke the acceptance.Where it is an essential condition to acceptance which is left to a third party, the acceptance can be said to be only qualified.
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