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Q: Acceptance criteria should be part of RS?
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Should be two person An agreement is composed of two elements - offer by party & acceptance by other party. {offeree & offeror}, when the offeree gives his assent to the offer, then he is "acceptor"Should be offer (proposal).Should be acceptance of offer.What is promise?According to section 2(b) of the Indian contract act, 1872 "a proposal when accepted, becomes a promise."Example:X offers to sell his car for Rs.100,000 to Y. Y accepts this offer. This offer after acceptance becomes promise and this promise is treated as an agreement between x and y.In other words, an agreement consists of an offers by on party an acceptance by the other. In the form of an equation, it can be shown as under.Agreement = Offer(proposal) + Acceptance of offer


What are the rules governing a valid acceptance?

Legal rules of acceptance i) Acceptance must be given only by the person to whom the offer is made: An offer can be accepted only by the person or persons to whom it is made and with whom it imports an intention to contract. It cannot be accepted by another person without the consent of the offer. The rule of law is if you propose to make a contract with them B can't substitute himself for A without your consent. An offer made to a particular person can be validly accepted by him alone. ii) Acceptance must be absolute and unqualified: In order to be effective, it must be absolute and unqualified acceptance of all the terms of the offer. Even the slightest deviation from the terms of the offer makes the acceptance. In effect a derivate acceptance is regarded as a counter offer in law. E.g. L offered to M his scooter for Rs. 4000 M accepted the offer and tendered Rs. 3900 cash down, promising to pay the balance of Rs. 100 by the evening. There is no contract, so the acceptance was not absolute and unqualified. iii) It should be in a reasonable mode: Unless the proposal prescribes the manner in which it is to be accepted. If the offeror prescribes no mode of acceptance the acceptances must be communicated according to some usual and reasonable mode. The usual modes of communication are by spoken or written or by conduct, it is called an implied acceptance. E.g. If the offeror prescribes acceptance by telegram and the offered sends acceptance through a messenger, there is no acceptance of the offer. iv) Acceptance must be communicated by the acceptor: for an acceptance to the made it should to be made by the offer but also be communicated by, or will the authority of offered to the offeror. v) Acceptance must be given within a reasonable time and before the offer lapses: Acceptance must be given within the specified time limit , if any and if no time is stipulated, acceptance must be given within a reasonable time because an coffer cannot be kept open indefinitely. vi) Acceptance must succeed the offer: Acceptance must be given after receiving the offer. It should not precede the offer. In a company share were allotted to a person who had not applied for them subsequently he applied for shares living unaware of the previous allotment. It was held that the allotment of shares previous to the application was invalid. vii) Rejected offer can be accepted only, if renewal: offer once rejected can't be accepted again unless a fresh offer is made.


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Define acceptance Explain the essentials of valid acceptance?

Acceptance:Section 2 (b) defines acceptance as follows: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 promise.Example: A offer to sell his house to B for Rs. 500, 000. B accepts the offer to purchase the house for Rs. 500, 000. This is an acceptance.Essentials of a Valid AcceptanceIt must be given by the Offeree:An offer can be accepted only by person to whom it is made. It cannot be accepted by another person with the consent of offeror. Similarly in case of offer to the particular class it can be accepted by any member of that class.Example: A sold his business to B without disclosing the fact to his customers. J send is an order for the supply of good to A by name. B receives the order and executed the same. It was held that there was no contract between B and J because J never made any offer to B.It must be Absolute and Unconditional:In order to convert the offer into an agreement, the acceptance must be an absolute an unconditional. If the offeree imposes any condition in his acceptance, it is not a valid acceptance, but a counter offer.Examples:(1) A offer to sell his watch to B for Rs.200 and B replies that he can buy it only for Rs. 100, there is a material variation in the acceptance. Therefore, there is no agreement as the acceptance is not absolute and unconditional.(2) M offer to sell his piece of land to N for Rs. 12, 00, 000, N accepted and enclosed Rs. 800, 000 with the promise to pay the balance by the monthly installments. Held there was no contract between N & M, and the acceptance was unmodified.It must be in Prescribed Manner:If the offeror in his offer has prescribed any particular manner of acceptance, it must be given according to that particular manner.Example: A makes an offer to B and writes ''if you accept the offer send your acceptance by telegram'' B sends his acceptance by registered post, it is not a valid acceptance. But A should inform B that it is rejected because it is not in prescribed manner.It must be Communicated to the Offeror:In order to form a contract the acceptance must be communicated to the offeror in a clear manner by the offeree or his authorize agent. Here expression of intension to accept an offer is not a valid acceptance.Example: A proposes by letter to purchase B's house. B expresses his intension to sell it to A but does not send a reply to him. The house is sold to C, despite B's intension. He has no legal remedy to against B.It may Express or Implied:When an acceptance is given as words spoken or written, it is called express acceptance. When it is given by conduct, it is called implied acceptance.Example: A wrote letter to B to sell his cycle for Rs.2000 B accepted his offer and sent a letter of acceptance to A. it is an express acceptance.It must Follow the Offer:Acceptance must be given after receiving the offer. It should not precede the offer. Acceptance always follows the offer.Example: A offers a rewards for an act and B does the act in ignorance of the offer , now B cannot claim the reward when he becomes aware of its existence.It must be given within Reasonable Time:In order to be valid acceptance, it must be given at specified time allowed by offeror. If no time is mentioned, then the acceptance must be given in a reasonable time.Example: M implied for certain shares in a company in june but allotment was made in November. M refuse to accept the shares, it was held that M could refuse to take shares offer has lapsed after the expiry a reasonable time.


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