1 there should be offer
- It can be accepted(consented) by offeree.
- Act can be do not to do. (i will not produce a u will not produce b) (as well as i will not ca coaching u will not start b.com.)
- It should be absolute and unqualified (unconditional)
Offer can be conditional but acceptance not.
If acceptance is conditional it is counter offer.
Example in first meeting boy offers i need house wife it is conditional offer.
But if girl makes the conditions like 4g net, apple mobile, activa etc. It is only counter offer. It is not acceptance because there is a variation (change) in terms of offer.
Now boy may think whether he can suffer such girl. Boy only can accept such counter offer made by girl.
- It should be communicated : Offeree must
communicate the acceptance to offerer.
Example : in abc ltd. Mr. X was appointed as a ca in meeting.
But appointment letter was not given to him. He knows from other person for his appointment. Afterward another person was appointed in next meeting. Mr. X can not sue because he was not communicated.
- It should be accepted in prescribed mode (given method in offer) if it is given in offer, it should be accepted in written, then only written acceptance is valid. But if acceptance is in other mode, offerer has not objected, it is valid. In above example acceptance was given orally, acceptor has not opposed, it is valid.
- Time of acceptance
If time is specified than within that time
If time is not specified it should be within reasonable time or before offer lapses(ends)
Example : a girl offered to a boy for marriage but when boy came after 5 years for acceptance. A child wel comes by saying uncle. It can not be accepted because offer already lapses and acceptance is after reasonable time. When applicant applies for shares during june but allotment by the company was made during november. Applicant may reject due to non acceptance during reasonable time.
Mere silence is not acceptance : it can not be assumed (implied) that offer is accepted if offeree has not replied.
But if from his previous conduct or act, evicence is available for his use. It may assume that it is accepted.
Example : magazine continuously used by the person after end of subscription. Use is liable for payment.
Acceptance by act (conduct)
Consent/assent was not given expressly.
But act or condition of offer is satisfied it is assume that offer is accepted.
Trademan has not replied to his customer for his order. But goods are delivered to him it means offer of customer is accepted by trademan through conduct.