A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an agreement? Give a reason for your answer. [HJS 1996]

Question: A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an agreement? Give a reason for your answer. [HJS 1996]

Find the answer to the mains question only on Legal Bites. [A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. Is this a valid offer and acceptance, giving rise to an agreement? Give a reason for your answer.]

Answer

Section 2(a) gives the statutory definition of the word ‘proposal’ in the following terms: “When one person signifies to another his willingness to do or abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal”.

Section 4 of The Indian Contract Act, 1872 lays down the provision on communication when complete. It states that, “the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.”

And Section 4 further says that 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 the acceptor;
• as against the acceptor, when it comes to the knowledge of the proposer.

Applying the aforesaid provisions and logic, it is to note that proposition at present hand, doesn’t constitute a valid proposal by virtue of Section 2(a) of the Contract act as the provision clearly states that proposal is said to be done when one ‘PERSON’ signified his willingness to the ‘OTHER PERSON’.

This is not the situation in the present case at hand. In this case, A teaches his parrot to recite an offer and sends the parrot to B. The bird repeats the recitation before B, who says ‘yes’ to the offer. A parrot is not a person in the eye of law and it cannot be even considered an agent of the proposer. Thus it doesn’t constitute a valid proposal so acceptance given by B is also of no value in the eyes of law because it has not been made by a ‘person’ either directly or through his agent. Thus, no binding agreement has been said to take place between A and B.

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Law of Contract Mains Questions Series: Important Questions for Judiciary, APO & University Exams

1. Law of Contract Mains Questions Series Part-I
2. Law of Contract Mains Questions Series Part-II
3. Law of Contract Mains Questions Series Part-III
4. Law of Contract Mains Questions Series Part-IV
5. Law of Contract Mains Questions Series Part-V
6. Law of Contract Mains Questions Series Part-VI
7. Law of Contract Mains Questions Series Part-VII
8. Law of Contract Mains Questions Series Part-VIII
9. Law of Contract Mains Questions Series Part-IX
10. Law of Contract Mains Questions Series Part-X