COMMUNICATION OF ACCEPTANCE

It is very important to understand when will the acceptance be valid and what would be criteria to consider an acceptance as communicated. Let’s take an example to understand the concept

Illustration: Yashika lives in Sagar and wants to sell her scooter to her friend Vikas, who lives in Indore. She sends a letter through post on 18th Jan. 2018 offering to sell her scooter to Vikas . The letter reaches to Vikas on 21st Jan. 2018. On the receipt of the letter, Vikas agrees to buy the scooter and sends a letter of acceptance to Yashika on 22nd Jan. 2018. The letter of acceptance reaches to Yashika on 25th Jan. 2018.

 

Let’s understand the events

  1. The letter of offer is posted by Yashika on 18th 2018.
  2. The letter reaches to Vikas on 21st 2018. So offer is completed by 21st Jan. 2018.
  3. Vikas accepts the offer and posts the letter of acceptance on 22nd Jan. 2018.
  4. The letter of Acceptance reaches to Yashika on 25th  Jan. 2018.

Communication of Acceptance:

  1. As against the Proposer: Communication of Acceptance against the proposer is complete when the letter of acceptance is put into course of transmission by the acceptor. It is assumed that when the letter is put into course of transmission it is out of the power of acceptor. In the above example, the letter of acceptance is put into the course of transmission (sent through post) on 22nd Jan 2018 So, communication of acceptance as against proposer(Yashika) is complete on 22nd Jan. 2018.
  2. As Against the Acceptor: Communication of Acceptance against the Acceptor will be complete when the letter reaches the proposer and proposer read it. In the above example, the letter of acceptance posted by Vikas reached to Yashika on 25th Jan. 2018. So, Communication of Acceptance against acceptor (Vikas) is complete on 25th Jan. 2018.

 

Revocation of Acceptance/offer

Revocation means ‘taking back’. When an offerer takes back his proposal it is revocation of offer. When an acceptor takes back his acceptance, it is revocation of acceptance.

  1. Revocation of an offer: According to sec. 5 the revocation of offer can be revoked any time before communication of acceptance is completed as against proposer. So in the above example, the offer can be revoked by Yashika any time before Vikas post his letter of acceptance i.e. before 22nd 2018.
  2. Revocation of Acceptance: According to sec. 5 revocation of acceptance can be made any time before the communication of acceptance is complete as against the acceptor. I the above example, Vikas can revoke his acceptance any time before the letter reaches to Yashika i.e. before 25th 2018.

 

Communication of Revocation

Communication of revocation completes at two different counts.

  1. As against the person who makes: Communication of revocation is completed as against the person who makes when it is put into the course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it.
  2. As against the person to whom it is made: Communication of revocation is completed as against the person to whom it is made when it comes to his knowledge.