Communication, acceptance and revocation of proposals
The communication of a proposal is complete when it becomes to the knowledge of
the person to whom it is made.
The communication of an acceptance is complete -as against the proposer, when it is
put in a course of transmission to him so at to be out of the power of the acceptor;
as against the acceptor, when it comes to the knowledge of the proposer.
The communication of a revocation is complete -as against the person who makes it,
when it is put into a course of transmission to the person to whom it is made, so as
to be out of the power of the person who makes it;as against the person to whom it
is made, when it comes to his knowledge.
Revocation of Proposals and acceptance
A proposal may be revoked at any time before the communication of its acceptance
is complete as against the proposer, but not afterwards.
An acceptance may be revoked at any time before the communication of the
acceptance is complete as against the acceptor, but no afterwards.
Revocation how made
A proposal is revoked -
(1) by the communication of notice of revocation by the proposer to the other party;
(2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no
time is so prescribed, by the lapse of a reasonable time, without communication of
the acceptance;
(3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or
(4) by the death or insanity of the proposer, if the fact of the death or insanity
comes to the knowledge of theacceptor before acceptance.
Acceptance must be absolute
In order to convert a proposal into a promise the acceptance must -
be absolute and unqualified.
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.
Acceptance by performing conditions, or receiving consideration
Performance of the conditions of proposal, for the acceptance of any consideration
for a reciprocal promise which may be offered with a proposal, is an acceptance of
the proposal.
Promise, express and implied
In so far as the proposal or acceptance of any promise is made in words, the promise
is said to be express. In so far as such proposal or acceptance is made otherwise
than in words, the promise is said to be implied.
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