Archive for the ‘craft’ tag
Section Ball
Acceptance Section 3 under Indian Contract Act 1872
Acceptance is a final and unqualified expression of assent to the terms of an offer. The objective test of agreement applies to an acceptance no less than to an offer. On this test, a mere acknowledgement of an offer would not be an acceptance.
If a contract is to be made, the intention of the offeree to accept must be expressed without leaving room for doubt as t the fact of acceptance, or as to the coincidence of the terms of the acceptance with those of the offer.
Section 2(b)- when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.
Thus acceptance is the assent given to a proposal, and it has the effect of converting the proposal into promise.
COMMUNICATION OF ACCEPTANCE.
- 1. Acceptance by external manifestation or overt act-
The definition clearly requires that the assent should be signified. It may be signified or expressed by an act or omission by which the party accepting intends to communicate his assent or which has the effect of communicating it.
An agreement does not result from a mere state of mind. Intent to accept an offer or even a mental resolve to accept an offer does not give rise to a contract. There must be some external manifestation of that intent by speech, writing or other act.
Brogden Vs metropolitan Railway Co.
B was supply the coal to a railway company without any formal agreement. B suggested that a formal agreement should be drawn up. The agent of both parties mat and draft an agreement. There were some blank which sent to B’s approval. The agent of the company put that agreement in the draw’s of B, and it kept there. B kept up his supply of coals but on the new terms. A dispute having arisen B refused t be bound by the agreement.
The conduct of the company’s agent in keeping the agreement in his drawer was an evidence of the fact that he had mentally accepted it. But had not express his mental determination and retention of the agreement was not a sufficient acceptance.
It was held that- when the course of dealing was accepted and acted upon in the supply of coal it means the acceptance is there.
- 2. Acceptance by Conduct- Conduct is an action in terms of the offer. All cases of general offers, which are a kind of unilateral contract demand some act in return for the promise to pay. Section 8 provides that Performance of all conditions of a proposal of the acceptance of any consideration for a reciprocal promise which may be offered with a proposal is an acceptance of the proposal.
Hindustan Cooperative Insurance Company Vs Shyan Sunder-
Brief Fact- After an oral understanding to insure and the completion of medical examination and , the company informed the proposer that if he submitted the proposal form and half yearly premium, his proposal would be accepted.
The proposer submitted the proposal form and the half yearly premium cheque.
The company encash the cheque but not replied to him.
Calcutta High Court held that- Mere mental assent to an offer does not conclude a contract. The offeror may however, indicate the mode of communicating acceptance either expressly or by implication. The encash of premium cheque shows the act of acceptance.
- 3. Communication to offeror himself- Acceptance must be communicated to the offeror himself. A communication to any other person is as ineffectual as if no communications has been made.
Felthouse V Bindley- court held that-acceptance of an offer made should be communicated to the offeror himself or to the person he has authorized to receive the acceptance. A communication to a stranger, will not do
- Communication to acceptor himself- The communication of acceptance should be from a person who has the authority to accept it. Information received by a unauthorized person is ineffective.
- When Communication of Acceptance not necessary- In case of general offer to public at large, acceptance is not necessary.
Carlill Vs Carbolic Smoke Ball Co
Brief Facts- Carbolic some ball co, offered by advertisement to pay £ 100 to any one who suffered by influenza after having used the ball according to printed direction. It was added that £ 1000 deposited in the Alliance Bank showing our sincerity in the matter.
The plaintiff used the smoke ball according to the direction but she nevertheless subsequently suffered from influenza. She was held liable to entailed for the amount.
But the co refused to give the amount to Carlill, by saying that-
- There was no intention to enter into a legal relation as it was simply a puffing advertisement.
- It was not made for one person in particular, and the plaintiff had not expressed his intention to accept it.
Judgment- it was the general offer, and the sanity of the contract was amount deposited in the bank.
- 6. Mode of Communication –Acceptance must be in a prescribed Manner- Acceptance has to be made in a manner prescribed or indicated by the offeror. An acceptance given in any other manner may not be effective, particularly where the offeror clearly insists that the acceptance shall be made in the prescribed manner.
- 7. Acceptance must be absolute- the acceptance must be absolute or unqualified, there should be no conditions attached to it.
- 8. Provisional acceptance- Some time an acceptance made subject to final approval, this kind of acceptance is provisional acceptance, which does not bind either party until the final approval is given.
Revocation of Acceptance
A/c to English law an acceptance once made is irrevocable.
Anson- acceptance is to offer what a lighted match is to a train of gunpowder. Both do something which cannot be undone.
In Indian law- once the other hand, acceptance is generally revocable, before it reaches to the offeree.
Revocation-
Mode of revocation Section 6-
- 1. Communication of notice of revocation by the proposer to the other party.
- 2. Laps of time prescribed in such proposal, if time is not prescribed then the laps of the reasonable time, with out the communication of acceptance.
- 3. Failure of the acceptor to fulfill the agreement conditions.
- 4. Death or insanity of the proposer, which comes to the knowledge of acceptor before the acceptance of proposal.
About the Author
Hi, my name is Naveen Kumar Shelar. I reside in New Delhi, India currently employed full time as a Facility & Administration Professional .
I started out as a Executive Administration late in 2005 evolved into a Facility & Administration with time and now I’m into New office development and Planning . I am mostly involved in new office infrastructure planning, procurement development, execution, and operations, not only this but I love to policies and procedure drafting for office operations.
When I’m not working I am mostly into sports like Cricket or Chess. I’m also into movies and music big time. I love spending time at home on holidays with my Family and pet.
My father and my mother has been a great source of inspiration for my life.
Specialties: New office set up and it’s whole life cycle, in technology driven organizations. Competitive analysis, process compliance & improvements, policy and procedure drafting, legal Agreement drafting.
Education:
- Ch. Charan Singh University Meerut- L.L.B (3 years) 2009- perusing
- Symbiosis institute of Management Studies- MBA, Operations.
- Himachal Perdesh University- MA, History.
- Annamali University- Diploma, Marketing Management.
- Institute of Rail Transport Management- Diploma, Logistic Management.
- Delhi University- Bachelor of Arts.
- Central Board of Secondary Education (CBSE)- Schooling.
SuperBall IX Taper Section vs. Beach Balls (Phish – 7/2/11 – Tube)
|
|
Nigiri Sushi Mold Rice Ball Maker 3 Section Small #5109 $0.01 It is easy and convenient to use this sushi mold to make sushi rice row. It is fun to prepare and enjoy sushi with friends, family members. Instruction: 1. Fill the inner case with Sushi rice and press it firmly. 2. Put the cover to the case and press it firmly. 3. Open the cover and get Sushi Rice Roll…. |
|
|
Pill Woodlouse – unrolling Photo Mugs SPH-452 Pill Woodlouse – unrolling UK Armadillidium vulgare Steve Hopkin Please note that pritns are for personal display purposes only and may not be reproduced in any way. contact details web ardea tel and 44 (0) 20 8672 2067 …. |
|
|
Pill MILLIPEDE – curled up Photo Mugs SPH-1433 Pill MILLIPEDE – curled up common in leaf litter – UK Glomeris marginata Steve Hopkin Please note that prints are for personal display purposes only and may not be reproduced in any way. contact details prints ardea tel and 44 (0) 20 8672 2067…. |
|
|
Legend in Brass $4.76 All products are BRAND NEW and factory sealed. Fast shipping and 100% Satisfaction Guaranteed…. |
|
|
Areea 51 -Digitl Zero/ Overlload [53 Track-2 Cd Set] Track Listing DISC 1: DIGITAL ZERO: 1. Easy – Ajuuca 2. Thorn of the Living – Deviate 3. Planet of the Dead – No Redeeming Social Value 4. Metamorphosis to Evil – Surface 5. Gomorrah’s Season Ends – Earth Crisis 6. Nishinga – Next Step Up 7. Nothing But Enemies – Stigmata 8. Settle – Fahrenheit 451 9. Regret Me Not – Compression 10. Hide – Transpunk 11. Black Queen Is Dynamite – Celestial Season 1… |
|
|
Apollo 70-100 Series Bronze Ball Valve, Two Piece, Inline, Lever, 1/2 NPT Female $9.17 Apollo Valves 7010301 Ball Valve Ball Valve, Size 1/2 In, FNPT Connection, Max Pressure 600 PSI WOG, 150 PSI WSP, Material of Construction Bronze, Seats PTFE, Overall Length 2 1/4 In. Valves have RPTFE seats, chromium-plated ball, zinc-plated steel handle, blowoutproof nonrising stem, adjustable packing gland, and PTFE seals. Provide vacuum service to 29″ Hg. Apollo Valves 7010301 Ball Valve Featu… |
|
|
Landmark 66200-1 1-Light Billiard Sconce, Matte Black $52.20 Landmark 66200-1 Billiards (section) Matte Black sconce… |
|
|
Landmark 66202-1 1-Light Billiard Pendant, Matte Black $81.00 Landmark 66202-1 Billiards (section) Matte Black pendant… |
|
|
Gantz Season 1 Box Set $33.00 Cynical teenage slacker Kei and a friend are killed after attempting to move a vagrant out of the way of an oncoming train. Waking up in a mysterious netherworld with a group of other flawed (and recently deceased) people, they are given orders by an otherworldly black globe named Gantz. Their mission: to kill evil alien monsters, in order to win a second chance at life on Earth. This six-disc set… |
|
|
A Sweet Trap $1.99 … |