Communication of offer, acceptance and revocation.ppt

8/10/2019 Communication of offer, acceptance and revocation.ppt

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Communication of Offer, Acceptance and

Revocation sec 4 & 51. Communication of an offer: complete when it comes

to the knowledge of the person to whom it is made,i-e, when the letter containing the offer reaches the

offeree.2. Communication of an acceptance: has two aspects.

Complete as against the proposer, when it is put in acourse of transmission to him/out of the power of

the acceptor. Complete as against the acceptor, when it comes to

the knowledge of proposer/letter of acceptance isreceived by proposer.


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Example: A proposes, by letter, to sell a house to B for Rs

80,000. the letter is posted, on 6thJune. The letterreaches B on 8thJune. the communication of the

offer is complete when B, the offered receives theletter i.e., on 8th June. B accepts As proposal, (in above case) by a letter

sent by post on 9thinstant. The letter reaches A on11thinstant. Communication of acceptance iscomplete; as against A, when the letter is posted,i.e. on 9thand as against B, when the letter isreceived by A, i-e, on 11th.


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Communication of Revocation

3. Communication of a revocation: complete as

against the person who makes it, when it is put intothe course of transmission to the person to whom itis made/out of the power of the person revoking.


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Time during which an offer or acceptance

can be revoked. Sec 51. A proposal may be revoked at any time before the

communication of its acceptance is complete asagainst the proposer, but not afterwards.

2. An acceptance may be revoked at any time beforethe communication of the acceptance is complete asagainst the acceptor but not afterwards.


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Revocation How Made? Sec-61. By the notice of Rovocation.

2. Lapse of Time

3. Failure to fulfill condition4. Death or Insanity


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Acceptance Must be Absolute Sec-7In order to convert a proposal into a promise, the

acceptance must ;

Absolute and unconditionalExample:- A offer to sell his car to B for five lacRupees, B replies that he can buy it for 3 lac , there isno acceptance on the part of B.


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Acceptance by Performing Condition or

Receiving Consideration Sec-8Performance of the condition of a Proposal, or the

acceptance on any consideration for a reciprocal

promise which may be offered with a proposal isan acceptance of the proposal.


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Promises Expressed and Implied Sec-9 In so far as the proposal or acceptance of any promise

is made in words, the promise is said to be express. Inso far as such proposal or acceptance is madeotherwise than in words, the promise is said to beimplied.

Example:- A offer to B to sell his house for rupeesfive lac by letter .

Documents

Communication of offer, acceptance and revocation.ppt