1. Coercion (Section 15): “Coercion” means the commission or threat to commit an act prohibited by the Indian Penal Code under (45 1860) or the unlawful detention or threat of possession of property, to the detriment of a person, with the intention of persuading a person to enter into an agreement. For example, “A” threatens to shoot “B” if it does not release it from a debt it owes to “B”. “B” releases “A” under threat. Since the liberation was caused by force, such a liberation is not valid. The telex or telephone is an instant way to communicate. This means that while the parties are making an offer or during the contract drafting process, it is assumed that they are in direct contact with each other, or we can say that they are face-to-face. Therefore, the postal rule cannot be applied with immediate communication. 2. Undue influence (Article 16): “If a person who is in a position to control the will of another enters into a contract with him and the transaction appears unscrupulous at first sight or on the basis of evidence, the burden of proof that the contract was not concluded by undue influence shall be on the person who is able to: to control the will of the other. Meaning of acceptance in contract law: – Acceptance in contract law refers to the promise or action of a buyer that shows his willingness to be bound by the conditions set out in a seller`s offer. Acceptance is a necessary element of a legally binding contract.

If there is no acceptance, there is no agreement. Acceptance may be conditional, express or implied. When it comes to business relationships, formal contracts can be too boring for a busy schedule. Section 4 of the Indian Contracts Act deals with the submission of proposals. It indicates that the communication of the proposal is complete when it comes to the knowledge of the person to whom it is addressed. If A B makes a proposal by means of a letter, the communication of the proposal is complete against A when he brings the letter in the transmission, and against B when it comes to his knowledge. As soon as B learns of the offer and wants to accept it, he will write and post a letter of acceptance. A: In case of acceptance by mail, it comes into force as soon as the letter is sent and not when it is received by the supplier. In this exception, the acceptance takes effect even before it has been communicated to the supplier. Acceptance by mail is also considered valid if the letter does not reach the supplier after its publication. The postal regulations apply only in cases where it has been stipulated that the acceptance must be made by post. A proposal may be revoked at any time before the notification of its acceptance to the applicant has been completed, but not thereafter.

If the contract is concluded by the post office in accordance with Article 4 by the publication of the letter of acceptance, the bidder will be bound when the letter of acceptance is sent to him and the recipient of the acceptance will be bound when the letter of acceptance is known to the supplier. Since the customer is not immediately bound by the submission of his letter of acceptance, he is free to revoke the acceptance by accepting the faster type of communication, but his notification of the revocation of the acceptance must be made earlier than his letter of acceptance. The terms of the offer must be safe and clear in order to establish a valid contract, they must not be ambiguous. Contract enforcement is a major issue in India, as the legal system can be slow and contentious. [4] India ranks 163rd. Rank among the 191 countries studied by the World Bank in terms of ease of implementation of a treaty. [5] It is very important that the acceptance is communicated, as it cannot be considered a binding contract without acceptance. If the proposal is adopted and becomes a proposal, it will also become irrevocable. An offer does not create legal obligations, but once the offer is accepted, it becomes a promise. And a promise is irrevocable because it creates legal obligations between the parties. An offer can be revoked before it is accepted. However, once acceptance has been notified, it may not be revoked or withdrawn.

The word “acceptance” is broadly defined in our Indian Contract Act of 1872 under section 2(b). It says, “If the person to whom the proposal is submitted indicates his or her approval of the proposal, it is said that it will be accepted.” [2] www.toppr.com/guides/business-laws/indian-contract-act-1872-part-i/acceptance/ The defendants refused to sell their goods on the grounds that acceptance had been delayed and therefore no contract had been concluded. The court held that the contract was concluded as soon as the letter of acceptance was published by the defendants and that the fact that the acceptance had not been communicated to the defendants was not taken into account. If the hypothesis is mediated by the behavior/behavior/other mannerism of the goal, this is called the implicit hypothesis. Something similar happened in Dunlop v. Higgins [6], in which Dunlop, the plaintiff, offered to sell Higgins, the defendants, a certain quantity of goods at a certain price. The letter of offer was published and received by the applicants on January 30. The acceptance letter was published on the same day, but due to bad weather, the acceptance reached the defendants on February 1 instead of January 31. It is rightly said that “acceptance is offering something to a platoon of gunpowder that is an easy game.” This aspect of the postal rule is Adams v.

Lindsell [5]. In the present case, the defendants sent a letter in which they offered the plaintiff a certain amount of wool, in the letter; They said they “received your response during the mail.” This letter was sent by the defendants to the plaintiff on September 2, 1817, and received the plaintiff on September 5, 1817. The acceptance of the offer was published by the applicant on the same day, that is, September 5, 1817. The letter of acceptance reached the defendants on 9 Sept. 1817. Meaning of Revocation of Acceptance in Contract Law: – Section 5 of the Indian Contracts Act states that an acceptance under contract law may be revoked at any time before the notification of acceptance to the customer is complete, but not thereafter. In summary, the word “acceptance” is broadly defined in our Indian Contract Act of 1872 under section 2(b). It says, “If the person to whom the proposal is submitted indicates his or her consent, the proposal is designated as accepted.” We have two types of communication modes for the purpose of forming contracts: instantaneous modes and non-momentary modes. Instant modes include phone and telex, which are supposed to be in direct contact with the parties, i.e. Face to Face. In the case of such types of communication, the acceptance must be communicated to the supplier in order to conclude a contract. Non-instant modes include post and telegraph.

In such a mode, the acceptance does not have to be communicated to the supplier. The telephone conversation is the same as a conversation between two people in the same room; Therefore, the acceptance rule applies here. The acceptance rule means that in order to draw up a contract, acceptance must extend to the tenderer, i.e. he must be aware of the acceptance. This contrasts with the postal regulation, in which the contract enters into force exactly at the time of sending the letter of acceptance by the destination recipient. This is well justified by the fact that telephone calls are therefore an instant form of communication; It can reasonably be assumed that acceptance has been obtained, whereas in the case of postal communication it takes some time for acceptance to be realized. In this case, the applicant had applied for the position of Director and one of the Directors acted without authorization and informed him that he had been appointed. Later, the managers decided to appoint someone else to this position. The plaintiff sued the school for breach of contract, but the verdict in the event that there was no contract because the manager did not have the authority to give acceptance. The offer may be conditional, but acceptance should not be conditional, which shows that an offer should not impose an additional or unnecessary burden on the target recipient to communicate its non-acceptance. This rule is best understood by the landmark case Felthouse vs.

Bindley (1862) [4]. Answer: Acceptance must be made within the time specified in the offer. If no such date is mentioned in the offer, acceptance must be made within a reasonable time or before the expiry of the offer. In such cases, a reasonable period of time depends on the nature of the offer and similar circumstances. Although silence is not considered an acceptance of the offer, there is an exception to this rule in terms of time. .