The definition of Acceptance in contract law is under Section 2(b) of the Indian Contract Act, 1872. It states that "when the person to whom the proposal is made gives his assent, the proposal is considered as accepted." This means that when the offeree agrees to the terms of the offer without any modifications, acceptance occurs, transforming the proposal into a promise.
The Indian Contract Act, 1872, provides a framework for acceptance in contract law through several key sections:
For acceptance to be valid, certain essential features must be present:
The various forms of acceptance can be:
Several landmark judgments have shaped the understanding of acceptance in law of contracts Carlill v. Carbolic Smoke Ball Co. (1893): In this English case, the court held that a unilateral offer could be accepted by performing the stipulated act without prior communication. The company's advertisement promising £100 to anyone who used their product and still contracted influenza was deemed a binding offer, and Mrs. Carlill's use of the product constituted acceptance.
Legal binding contracts require acceptance as their fundamental component to establish the formation process. The acceptance in contract law establishes mutual obligations between parties by showing the offeree's agreement with all offer conditions. The key characteristics along with acceptance types serve to establish clear contractual terms which avoid relationship disputes. Judicial decisions have explained contract acceptance fundamentals while strengthening its essential place in legal contracts.
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