Question

A sends an offer to B to sell his second-car for Rs. 1,40,000 with a condition
that if B does not reply within a week he (A) shall treat the offer as
accepted. Is A correct in his proposition? What shall be the position if B
communicates his acceptance after one week?(CA Foundation RTP
Nov.2019)​

Answer 1

I have answer this question

Answer 2

PROVISION:

As per section -2a of The Indian Contract Act, 1872, OFFER is defined as " when a person signifies to another his willingness to do something or abstrain from doing something with a view to obtain the consent ".

• An Offer made should not contain a term or clause or condition whose non compliance is deemed to be acceptance.
• Silence is not acceptance .

FACTS OF THE CASE :

• A has an intention to sell his second car to B for the consideration of 140000.
• So A signifies his willingness to B with a view to obtain consent from B .
• with a condition that B has to reply within the week .
• And A declares that if B did not give his reply within a week he would treat his silence as acceptance .
• B communicates his acceptance after one week .

CONCLUSION : After the facts of the case are clearly observed the offer made to B by A is not valid as he made a condition whose non compliance is deemed to be acceptance . A can not make a Statement that he would accept if there is no reply from the other party as silence could not be treated as acceptance. And if B communicates his acceptance after one week , is not valid as the offer already got lapsed due to expiry of time .