Section 5 of Indian Contract Act, 1872- Revocation of proposals and acceptances
Revocation of proposals
“A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards.”
Revocation of acceptances
“An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards.”
Illustration
A proposes, by a letter sent by post, to sell his house to B.
B accepts the proposal by a letter sent by post.
A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards.
B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not afterwards.
Section 6 of Indian Contract Act, 1872- Revocation how made
Section 6 of the Indian Contract Act, 1872 deals with the ways in which an offer can be revoked. According to this section, an offer can be revoked in the following ways:
1. By Communication of Notice of Revocation
- Explanation: An offeror can revoke an offer by communicating the notice of revocation to the offeree before the offer is accepted.
- Illustration: If A offers to sell his car to B and subsequently sends a notice to B revoking the offer before B accepts it, the offer is revoked.
2. By Lapse of Time
- Explanation: An offer lapses if it is not accepted within the prescribed time, or if no time is prescribed, within a reasonable time.
- Illustration: If A offers to sell his house to B and specifies that the offer must be accepted within a week, the offer automatically lapses if B does not accept it within that week.
3. By Failure of a Condition Precedent
- Explanation: If the offer is subject to certain conditions and those conditions are not fulfilled, the offer can be revoked.
- Illustration: If A offers to sell his goods to B on the condition that B must arrange for transportation, and B fails to do so, the offer is revoked.
4. By the Death or Insanity of the Offeror
- Explanation: An offer is revoked if the offeror dies or becomes insane, provided the offeree is aware of the death or insanity before accepting the offer.
- Illustration: If A offers to sell his painting to B and A dies before B accepts the offer, B cannot accept the offer once he learns of A’s death.
Key Points to Remember:
- Effective Communication: Revocation must be communicated to the offeree. Mere intention to revoke is not sufficient.
- Timing: The revocation must reach the offeree before he or she has accepted the offer.
- Awareness of Death/Insanity: The offeree must be aware of the offeror’s death or insanity for the revocation to be effective in such cases.
Legal Reference:
- Section 6 of the Indian Contract Act, 1872: This section provides a detailed legal framework for revocation of offers, ensuring that both offerors and offerees understand the conditions under which an offer can be revoked.
Understanding Revocation of proposals and acceptances is crucial for parties involved in contractual agreements as it outlines the conditions under which an offer can be withdrawn, ensuring clarity and legal certainty in the formation of contracts.
Books Recommended: Check it Out
1. Beatsen (ed.)-Anson’s Law of Contract : (27th Ed. 1998)
2. Anson-Law of Contract (1998), Universal, Delhi
3. Pollock and Mulla-Indian Contract Act
4. Avtar Singh-Law of Contract, Eastern Book Co.(Lucknow)
5. S.K.Kapoor- Samvidha Vidhi (Hindi)
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