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Acceptance is an expression signifying consent to the terms of an offer. In
other words, to agree to the terms and conditions of an offer contract. The
validity of an acceptance is governed by four principal rules. (1) it must
take place while the offer is still in force, i.e. before it has lapsed or
been revoked. (2) it must be on the same terms as the offer. An acceptance
made subject to any variation is treated as a counteroffer. (3) it must be
unconditional, thus an acceptance subject to contract is not a valid
acceptance. (4) it must be communicated to the offeror. ….. ( Hyde Vs.
Wrench (1840) 3 Beav 334; Carlill Vs. Carbolic Smoke Ball Co. (1983) 1 QB
256 )
As soon as the acceptance is posted or sent by telegram, the acceptance is
complete against the proposer and the contract is concluded. A person
posting a letter of acceptance is not answerable for casualties occurring
at the post office- Consequently, the contract was complete and binding on
the proposer immediately after the acceptance was posted and it was not
revoked. It is rather the liability of the acceptor that would start only
after the Acceptance comes to the knowledge of the proposer. ….. ( PLD
1984 Lahore 430 )
The communication of a counter offer does not amount to the acceptance of a
proposal or an offer made by the other party. ….. ( Abdul Aziz Vs. The
Rent Controller, PLD 1958 (Kar) 278 )
See, Sections 4, 7, 8 of the Contract Act, 1872; Sections 35, 112, of the
Transfer of Property Act, 1882; Section 17, the Bill of Exchange Act, 1882.
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