LEGAL PRINCIPLE: The acceptance of an offer will be valid only if it is made in the way it was expected to be made. FACTUAL SITUATION: There was a telephonic discussion between ‘J’ and ‘K’ for negotiating the sale of the shop of former to the latter. Upon reaching an agreement as to the price of the shop of ‘J’ at Rs 20 lakh, ‘J’ told ‘K’ to send a letter to him within two weeks confirming that she wishes to buy the shop for the price finalized. Two days thereafter, ‘K’ gave her acceptance to ‘J’ over telephone but sent the letter of confirmation after lapse of one month. Is ‘J’ bound by acceptance of ‘K’ ? DECISION: (Answer the question after reading the following paragraph.)

Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Option A: Yes, because the acceptance was conveyed within two weeks over telephone and it was followed by a letter of acceptance as stipulated.

Option B: No, because although the acceptance over telephone was conveyed in time but not in the mode specified and the letter of acceptance was also not sent within two weeks.

Option C: No, because sale of immovable property cannot be finalized online; neither any acceptance can be given over phone. Hence, the entire negotiation is invalid.

Option D: Yes, because no law can compel the purchaser to give his acceptance through the mode prescribed by the vendor.

Correct Answer

Option: b

Explanation

Section 7 of the Indian Contract Act says that Acceptance must be absolute.

Sample Mock Tests for Practice

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 01 Q. NO. 1 TO 35)

THE ADMINISTRATIVE TRIBUNALS ACT, 1985 (PAPER-01 Q. NO. 1 TO 21)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 03 Q. NO. 71 TO 105)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 14 Q. NO. 456 TO 490)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 08 Q. NO. 281 TO 320)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 03 Q. NO. 61 TO 90)

AIBE-XV-2021-I (BCI-JAN-2021-SET-C) (ALL INDIA BAR EXAM 2021-I)

THE HIMACHAL PRADESH COURTS ACT, 1976 (PAPER 01 Q. NO. 1 TO 23)

THE COMMERCIAL COURTS ACT, 2015 (PAPER 01 Q. NO. 1 TO 12)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 03 Q. NO. 81 TO 120)

DELHI LOWER JUDICIAL SERVICES 2019

AILET – National Law University Delhi Entrance Test (NLU 2021)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 06 Q. NO. 201 TO 240)

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 01 Q. NO. 1 TO 30)

CLAT 2012

GUJRAT LOWER JUDICIAL SERVICES 2019

THE WILD LIFE PROTECTION ACT, 1972 (PAPER 01 Q. NO. 1 TO 25)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 04 Q. NO. 106 TO 140)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2018(1)

THE COPYRIGHT ACT, 1957 (PAPER 01 Q. NO. 1 TO 7)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2013

AILET – National Law University Delhi Entrance Test (NLU 2019)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 11 Q. NO. 401 TO 440)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 14 Q. NO. 521 TO 560)

UTTARAKHAND LOWER JUDICIAL SERVICES 2019

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2015

THE INDUSTRIAL DISPUTES ACT, 1947 (PAPER 01 Q. NO. 1 TO 15)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

AILET – National Law University Delhi Entrance Test (NLU 2012)

THE LAW OF TORTS (PAPER 02 Q. NO. 46 TO 90)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019

THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)