Acceptance: Definition and essentials
When the person to whom the proposal is made, signifies his ascent there to, the proposal (offer) is said to be accepted. A proposal (offer) when accepted becomes a Promise.
Essentials of Valid Acceptance
- Acceptance must be given by that person only to whom the offer is made:
An acceptance to be valid must be given only by a person to whom offer has been given. In other words, acceptance must move from the offeree and no one else.
- Acceptance must be communicated:
Offeree has to communicate his acceptance to offerer.
- The acceptance must be given within the time prescribed or within a reasonable time:
Sometimes, the time limit is fixed within which an acceptance is to be given. In such cases, the acceptance must be given within the fixed time limit. In case, no time is prescribed, the acceptance should be given within a reasonable time. The term ‘reasonable time’ depends upon the facts and circumstances of each case.
- Acceptance must be Un-Conditional:
It is another important essential element of a valid acceptance. A valid contract arises only if the acceptance is absolute and unconditional. It means that the acceptance should be in total and without any condition.
- Acceptance must be communicated in the method specified by offerer:
When an offer is made for the same, acceptance must be communicated in the method specified by offerer.
- The acceptance must be given before the lapse of offer:
A valid contract can arise only when the acceptance is given before the offer has elapsed or withdrawn. An acceptance which is made after the withdrawal of the offer is invalid, and does not create any legal relationship
- The acceptance must be communicated:
It is an important and essential element of a valid acceptance.