Problem of communication arises when the parties to the contract are not face to face with each other. It arises in the following cases:
Communication
Of Offer And Acceptance
Problem of communication arises
when the parties to the contract are not face to face with each other. It
arises in the following cases:
(A) Contracts through Telephones: (B)
Contracts through Post: Offer and acceptance are
generally made through letters and telegrams, Advertisements, notices,
circulars, etc., are also used to make an offer. The rules of communication
regarding them are as follows:
(1) “The communication of a proposal is complete When it comes to the knowledge
of the person to whom it is made…” (sec. 4)(2) “….The
communication of an acceptance is complete - as against the proposer, when it
is put in a course of transmission to him, so as to be out of the power of
acceptor; and
- as against the acceptor, when it
comes to the knowledge of the proposer…” (Sec.4)
From the above, it is clear that an offer may be revoked at any time
before the acceptance is put in course of transmission to the proposer.
Tags : Business Environment and Law-Law Of Contract (Indian Contract Act 1872)
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