Essentials of Valid Acceptance
✅ Essentials of a Valid Acceptance
(As per Indian Contract Act, 1872 – Sections 2(b) and 7)
To form a valid contract, an offer must be followed by a valid acceptance. The acceptance must be clear, unconditional, and communicated as per legal rules.
📘 Essentials of a Valid Acceptance:
| No. | Essentials | Explanation / Example |
|---|---|---|
| 1️⃣ | Acceptance must be absolute and unqualified | It should match the offer exactly – no conditions or changes. 🔹 Sec 7(1) 📌 Example: If A offers to sell a bike for ₹50,000 and B accepts ₹48,000 — not valid acceptance, but a counter-offer. |
| 2️⃣ | Acceptance must be communicated to the offeror | Silence is not acceptance. There must be clear communication. 🔹 Felthouse v. Bindley |
| 3️⃣ | Acceptance must be made in the prescribed mode | If the offeror specifies a mode of acceptance, it must be followed. 📌 Example: If A asks for email acceptance, B cannot validly accept by post unless A allows. |
| 4️⃣ | Acceptance must be given within a reasonable time | If no time is prescribed, it must be accepted within reasonable time before the offer lapses. |
| 5️⃣ | Acceptance must be made while the offer is still in force | If the offer is revoked or expired, acceptance after that is not valid. |
| 6️⃣ | Acceptance must be made by the person to whom the offer is made | Only the offeree (or authorized agent) can accept the offer. |
| 7️⃣ | Acceptance must show intention to create legal relations | Acceptance must be genuine and intended to create legal obligations, not just casual or social agreements. |
| 8️⃣ | Mental acceptance is not sufficient | Mere mental intention to accept is not valid unless it is communicated. |
📚 Legal Reference:
Section 2(b): “When the person to whom the proposal is made signifies his assent...”
Section 7: Acceptance must be absolute and according to the offer.
🧠 Key Case Laws:
🔹 Felthouse v. Bindley – Silence ≠ acceptance
🔹 Entores Ltd. v. Miles Far East Corp – Instant communication
🔹 Brogden v. Metropolitan Railway Co. – Acceptance by conduct
✅ Conclusion:
A valid acceptance must be clear, unconditional, communicated, and made according to the offer, while the offer is still open.
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