Y accepts X’s proposal through a letter sent by post. When is the communication of the acceptance complete? (a) as against X, and (b) as against Y

Question: Y accepts X’s proposal through a letter sent by post. When is the communication of the acceptance complete? (a) as against X, and (b) as against Y. [DJS 2008]

Find the answer to the mains question only on Legal Bites. [Y accepts X’s proposal through a letter sent by post. When is the communication of the acceptance complete? (a) as against X, and (b) as against Y]

Answer

Section 2(a) defines a proposal as “when one person signifies to another his willingness to do or abstain from doing anything, with a view of obtaining the assent of that other to such act or abstinence, he is said to make a proposal.”

As per Section 2(c) the person who makes the proposal is called the promisor and the person accepting it is called the promisee.

As per section 4 of the Indian Contract Act, 1872, 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.

In the present case at hand, X is making the proposal and hence is the promisor and Y is the person to whom the proposal is made and he needs to accept it so Y is the promisee.

The communication of the acceptance is complete:

• as against X when the letter is posted so as to out of his power;
• as against Y, when the letter is received by X and acceptance comes to his knowledge.

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

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