Question

Legal Principle: The acceptance to an offer should be given only in the mode prescribed by the proposer, for a contract to become enforceable.

Factual Situation: A offers to buy a horse from B requesting that the acceptance should be sent through A's agent. B sent his acceptance through his servant, who reached A's office a day after A's agent reached.
Is A bound by B's acceptance?

• A. No, because the contract is binding only when the acceptance is made in the prescribed mode.
• B. No, because B should have intimated A about the servant coming with thw acceptance.
• C. Yes, because B did send the acceptance.
• D. Yes, because the servant is B's employee.

Answer 1

The correct option is A No, because the contract is binding only when the acceptance is made in the prescribed mode.

Section 7 of the Indian Contract Act, 1872 states that communication of an acceptance must be made in the prescribed mode or if no mode is prescribed, in a usual and reasonable manner. Therefore, a communication not made in prescribed manner does not constitute valid acceptance and does not become a valid contract. The promisor may ask the promisee to remake the communication in the prescribed manner.