Skip to main content

Acceptance of a conditional offer with a further condition does not resulted in a concluded contract- Supreme Court


Team LawDocs

On 5th January 2021 a bench comprising of Justice Navin Sinha and Justice Indira Banerjee observe that when the acceptor puts in a new condition while accepting the contract already sign by the proposer, the contract is not complete until the proposer accepts that condition, while setting aside the a judgment of High Court.

Noticing that both the Trial Court and the High Court overlooked that whether acceptance of a conditional offer with a further condition result in a concluded contract, irrespective of the offeror accepts the further condition proposed by the acceptor. The court said that the Sec7 of Indian Contract Act, 1872 which emphasizes the acceptance must be absolute. 

“In order to convert a proposal into a promise, the acceptance must-

(1) be absolute and unqualified;

(2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.”

Contents  hide 

1 The court cited two cases which were as follows:

2 Related

The court cited two cases which were as follows:
  • Haridwar Singh vs. Bagun Subrui (1973) 3 SCC 889, in this case it was held that an acceptance with variation is no acceptance. It is simply a counter proposal which must accept fully by the original proposer, before a contract made.
  • Union of India vs. Bhim Sen Walaiti Ram (1969) 3 SCC 146. In this case it observed that acceptance of an offer maybe either absolute or conditional. If the acceptance is conditional, offer can withdraw at any moment until absolute acceptance has taken place. 

The case of Padia Timber Company (P) Ltd. vs. Visakhapatnam Port Trust, 2021 decided on 5th January, 2021. 


Popular posts from this blog

Domestic Violence on Males in India

 Author:Aswati Sharma, D Y Patil, Deemed to be University INTRODUCTION When we talk about domestic violence all we think about is females and children being victims of it due to men in the house as the general perception of a normal Indian citizen believes that the male of the house is stronger and tougher whereas on the other hand women are considered to be soft, expressive and loving. The males of the house in India usually hold a dominant position and if they try expressing their emotions or try voicing up against the wrongs which they’re facing they are labelled as women or sexiest or men who can’t see women rising. In numerous films, we see a male being exploited by a female is considered to be a funny scene whereas if a man does the same with a woman that act is considered to be a point of discussion and social problem, which is constitutionally illegal.   Spousal abuse is not something that is faced by only females but it’s gender-neutral instead. Sometimes woman also establishe

Marital Rape: An exception that needs to be criminalised in India

Author: Tanisha Priyadarsini, Madhusudan Law University Sexual intercourse or sexual activity by a man with his own wife, who is above 18 years of age, is not a sexual assault, ‘even if it is against the consent or will of the wife’. Under the section 375 of Indian Penal Code, 1860 deals with the word ‘rape’ and defines it as an unlawful sexual intercourse carried out forcibly or under the threat of injury against the person’s will or with a person who is incompetent of giving valid consent due to mental illness, intoxication or unconsciousness, or with a person who is below 18 years of age. But there are two exceptions attached to the section 375 of Indian Penal Code,1860 which state about the scenarios, which are not considered as rape situations. The two exceptions are: first, the victim’s consent is necessary for he medical examination or interventions; and second, sexual intercourse by man with his own wife, who is 18 year above, is not a rape. Going back to the roots, the IPC is

Consumer Laws: Guidelines for a consumer in India

Author: Mashira Khan, Mumbai University Thane sub-campus Introduction. In recent times, transactions of goods and services have become very common. It starts from the seller and ends at the buyer or consumer.  A consumer can be either a person, group of persons, company etc. In India, laws for consumers were introduced under consumer protection act, 1986. Recently the act was changed as The consumer protection act,2019 effective from 20th july, 2020. Under this act, a consumer is defined as: “A consumer is who buys and uses the goods and services with the permission of the person who purchases the goods or services.” (“1”) The purpose of the act was to protect the consumers from  malpractices committed by sellers, create informed consumers, increase transparency in the transactions and make people aware of their rights and remedial options available. It assures, wherever possible, access to an authority of goods at competitive prices,and to assure that consumers interests will receive