A mere mental acceptance, not edidenced, by words or conduct is, in the eye of law, no acceptance. Explain
Answers
Explanation:
A mere mental assent not evidenced by words or conduct is, in the eye of the law, no acceptance". Acceptance requires more than a tacit formation of an intention. It is not enough that the person, to whom the proposal is made, has made up his mind to accept; he must do something to signify his intention to accept.
“A Mere mental acceptance, not evidence by words or conduct, is in the eyes of law, no acceptance”
Explanation:
Acceptance is a "final & unqualified" expression of "assent" to the terms of an "offer". A "mere acknowledgement" of an offer will not be an acceptance. If a contract is made, the offeree's intention to accept should be "expressed" without any "doubt" as the "fact of acceptance", or as to the "coincidence" of the "terms of the acceptance" with those of the offer
Rules regarding acceptance
- It should be an unqualified & absolute acceptance of all the terms of the offer
- Contracts subject to condition
- Conditional acceptance
- Clarification
- The acceptance must be "expressed" in some reasonable/usual manner
- Mental acceptance or uncommunicated assent does not result in a contract
- The acceptance mode
- Acceptance time
- When acceptance is complete
- Before offer
- The acceptance should be made when the offer is "in force".
Who can accept?
- An offer can be "accepted" only by the person/persons for whom the "offer is intended".
- An offer made to a specific person can only be accepted by him/her since he/she is the only person "intended to accept".
- An offer made to a "class of persons" can be accepted by "any member of that class".
- An-offer made to the "world at large" can be accepted by "any person whatsoever"
Communication of Acceptance
- Acceptance by external manifestation/overt act: The acceptance must be "signified". It may be expressed/signified by an omission/act wherein the party accepting "intends" to communicate his/her assent/which has the effect of "communicating" it. An "agreement" does not result from a "mere state of mind". "Intent" to "accept" an offer/a "mental resolve" to accept an offer will not give "rise to a contract". There should be some "external manifestation" of that "intent" by writing, speech, or other act.
- Acceptance by Conduct: "Conduct" is an "action" in terms of the offer. All cases of general offers that are a kind of "unilateral contract" demand some act in "return" for the "promise to pay".
- Communication to offeror Himself/Herself: Acceptance should be "communicated" to the "offeror" himself/herself. A communication to "any other person" is as "ineffectual" as if "no communications" has been made.
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