Conditional Acceptance

6Conditional Acceptance

Project Work on Law of ContractOnConditional Acceptance

Submitted To:-Dr. Vijay Kumar BimalFaculty of Law of Contract Submitted By: - ANKIT ANAND Roll No. 916 1st Year B.A. LL.B. (Hons)

ACKNOWLEDGEMENTI take this opportunity to express my profound gratitude and deep regards to my guide Dr. Vijay Kumar Bimal for his exemplary guidance, monitoring and constant encouragement throughout the course of this research. The blessing, help and guidance given by him time to time shall carry me a long way in the journey of life on which I am about to embark.I also take this opportunity to express a deep sense of gratitude to Dr.Vijay Kumar Bimal for providing me this research topic and for her cordial support, valuable information and guidance, which helped me in completing this task through various stages.Lastly, I thank almighty, my parents, brother and friends for their constant encouragement without which this assignment would not be possible.

TABLE OF CONTENTS Introduction......................................................................................................5 Aims and Objectives...........................................................................................5 Hypothesis........................................................................................................5 Research Methodology......................................................................................5 Introduction (Including Definition of Acceptence and counter offer)...........................6 Test of Acceptance..............................................................................................9 Essentials of Valid Acceptance..............................................................................9 Types of Acceptance................................................................................................10 Conditional Acceptance.........................................................................................11 How to do a Conditional Acceptance........................................................................12 Case Law..............................................................................................................12Hyde v. Wrench......................................................................................................16Normile v. Miller.............................................................................................16-18Stevenson Jaques & Co. v McLean...................................................................19-20 Conclusion......................................................................................................20 Bibliography...........................................................................................................21-22

Introduction:-A type of acceptance that requires modification(s) of the conditions before the final acceptance is made. For example, a contract that needs to be accepted from two parties may be adjusted or modified so that it fits both parties satisfactions. A person has been made an offer that they are willing to agree as long as some changes are made in its terms or that some conditions or event occurs. A business contract that is made from the business to the employer, both parties may change and modify the contract until both parties agree or accept the details in the business contract.Aims and Objective(1) Try to know the concept of Acceptance.(2) Try to know different and modes of Acceptance.(3) Try to know conditional acceptance.(4) Try to know Counter offer.(5) Try to know how to do a conditional acceptance.(6) Try to know the essentials of Acceptance.HypothesisThe researcher feels a conditional acceptance is same as a counter offer which has the legal effect of rejecting the offerees offer.

Research MethodologyThis project is based mainly and heavily on written text material. It is based on the doctrinal method of research. The segments are structured and written actively. The writing style is descriptive as well as analytical. This project has been done after a thorough research based upon intrinsic and extrinsic aspect of the assigned topic. The doctrinal method in this research paper refers to various books, articles, news paper, magazine, Dictionary and political review. In this research paper, the researcher will only use Doctrinal method.

IntroductionAn express act or implication by conduct that manifests assent to the terms of an offer in a manner invited or required by the offer so that a binding contract is formed. The exercise of power conferred by an offer by performance of some act. The act of a person to whom something is offered or tendered by another, whereby the offeree demonstrates through an act invited by the offer an intention of retaining the subject of the offer.[footnoteRef:2] [2: Chirelstein, 2011]

Acceptance of offer is what a lighted match to a train of gunpowder[footnoteRef:3]- Ansons Law of Contract [3: Ansons Law of Contract]

A conditional acceptance is same as a counter offer which has the legal effect of rejecting the offerees offer[footnoteRef:4]- Black Law dictionary [4: Black Law Dictionary]

COUNTER-OFFERS(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer.[footnoteRef:5] [5: http://www.lexinter.net/LOTWVers4/counter_offer.htm accessed on 15/04/2014 at 15:29 IST]

(2) An offeree's power of acceptance is terminated by his making of a counter-offer, unless the offeror has manifested a contrary intention or unless the counter-offer manifests a contrary intention of the offeree.Comments:a. Counter-offer as rejection. It is often said that a counter-offer is a rejection, and it does have the same effect in terminating the offeree's power of acceptance. But in other respects a counter-offer differs from a rejection. A counter-offer must be capable of being accepted; it carries negotiations on rather than breaking them off. The termination of the power of acceptance by a counter-offer merely carries out the usual understanding of bargainers that one proposal is dropped when another is taken under consideration; if alternative proposals are to be under consideration at the same time, warning is expected.Illustration:1. A offers B to sell him a parcel of land for $5,000, stating that the offer will remain open for thirty days. B replies, "I will pay $4,800 for the parcel, " and on A's declining that, B writes, within the thirty day period, "I accept your offer to sell for $5,000." There is no contract unless A's offer was itself a contract [supported by consideration], or unless A's reply to the counter- offer manifested an intention to renew his original offer.b. Qualified acceptance, inquiry or separate offer....A mere inquiry regarding the possibility of different terms, a request for a better offer, or a comment upon the terms of the offer, is ordinarily not a counter-offer. Such responses to an offer may be too tentative or indefinite to be offers of any kind; or they may deal with new matters rather than a substitution for the original offer; or their language may manifest an intention to keep the original offer under consideration.Illustration2. A makes the same offer to B as that stated in Illustration 1, and B replies, "Won't you take less?" A answers, "No." An acceptance thereafter by B within the thirty-day period is effective. B's inquiry was not a counter-offer, and A's original offer stands.

c. Contrary statement of offeror or offeree....An offeree may state that he is holding the offer under advisement, but that if the offeror desires to close a bargain at once the offeree makes a specific counter-offer. Such an answer will not extend the time that the original offer remains open, but will not cut that time short.Illustration:3. A makes the same offer to B as that stated in Illustration 1. B replies, "I am keeping your offer under advisement, but if you wish to close the matter at once I will give you $4,800." A does not reply, and within the thirty-day period B accepts the original offer. B's acceptance is effective.Acceptance:Section 2(b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted[footnoteRef:6]. [6: Section 2(b), Indian Contract Act 1872, p. 2]

Section 8also talks about Acceptance by performing conditions, or receiving consideration.- Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal[footnoteRef:7]. [7: Section 8, Indian Contract Act 1872, p. 7]

In the law of contracts, acceptance is one person's compliance with the terms of an offer made by another. Acceptance occurs in the law of insurance when an insurer agrees to receive a person's application for insurance and to issue a policy protecting the person against certain risks, such as fire or theft. When a person who is offered a gift by someone keeps the gift, this indicates his or her acceptance of it.Acceptance also occurs when a bank pays a check written by a customer who has a checking account with that bank.In business dealings between merchants, which is governed by the law of sales, a buyer demonstrates his or her acceptance of goods that are not exactly what he or she had ordered from the seller by telling the seller that he or she will keep the goods even though they are not what was ordered; by failing to reject the goods; or by doing something to the goods inconsistent with the seller's ownership of them, such as selling the goods to consumers of the buyer's store.No contract comes in to existence until an offer is accepted and, in most cases, that acceptance is communicated to the offeror.When you click the "Place Your Order" button at Amazon.com, tell the cab driver where you want to go, or hand a $20 bill to the cashier at the movies, you are accepting an offer to enter into a contract. All of these actions--despite the lack of fanfare--communicate acceptance: an unconditional willingness to be bound by the other party's offer. An acceptance is a necessary part of a legally binding contract: If there's no acceptance, there's no deal.There Is No Acceptance IfOccasionally, one party disputes whether the other accepted an offer. In general, acceptance has not occurred if any of the following are true.(1) One party's response to an offer doesn't communicate a readiness to be bound. ("Sounds good, let me think about it.")(2) The response has strings attached. ("I'm willing to do it if you'll pay me $10,000 more.")(3) The offer is based on lies. ("You said you had title to the car.")Also, if the person making the offer indicates how the other party must accept it--"Call me with your response before Saturday"--then the other party must accept under those conditions to create a contract. In this example, accepting on Sunday will not create a contract.

Test of acceptanceFor the acceptance, the essential requirement is that the parties had each from a subjective perspective engaged in conduct manifesting their assent. Under thismeeting of the mindstheory of contract, a party could resist a claim of breach by proving that he had not intended to be bound by the agreement, only if it appeared subjectively that he had so intended. This is unsatisfactory, as one party has no way to know another's undisclosed intentions. One party can only act upon what the other party reveals objectively (Lucy V Zehmer, 196 Va 493 84 S.E. 2d 516) to be his intent. Hence, an actual meeting of the minds is not required. Indeed, it has been argued that the "meeting of the minds" idea is entirely a modern error: 19th century judges spoke of "consensus ad idem" which have wrongly translated as "meeting of minds" but actually means "agreement to the [same] thing".[footnoteRef:8] [8: R. Austen-Baker, "Gilmore and the Strange Case of the Failure of Contract to Die After All" (2000) 18 Journal of Contract Law 1.]

The requirement of an objective perspective is important in cases where a party claims that an offer was not accepted and seeks to take advantage of the performance of the other party. Here, we can apply the test of whether a reasonable bystander (a "fly on the wall") would have perceived that the party has impliedly accepted the offer by conduct.

Essentials of valid acceptanceIn order that acceptance of an offer can result in a contract, the acceptance must satisfy the following requirements:-(1)Acceptance should be communicated by the offeree to the offeror.(2) Acceptance should be absolute and unqualified i.e..the agreement must be certain.(3) Acceptance should be made in some usual and reasonable manner, unless the proposal prescribes the manner of acceptance.(4) Acceptance should be made while the offer is still subsisting. (5) Acceptance must be according to the mode prescribed.(6) The Acceptor must be aware of the proposal at the time of offer.(7) Acceptance must be given before the offer lapses or before the offer is revoked.(8) Acceptance cant be implied from silence.(9) The terms of the acceptance must exactly match the terms of the offer. Section 7 also talks about essentials of valid acceptance i.e...Acceptance must be absolute- In order to convert a proposal in to promise the acceptance must-(1) be absolute and unqualified:(2) be expressed in Some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.[footnoteRef:9] [9: Section 7, Indian Contract Act 1872, p. 6]

Types of Acceptance[footnoteRef:10] [10: http://law.jrank.org/pages/3949/Acceptance-Types-Acceptance.html#ixzz2zFMTXHg2 accessed on 15/04/2014 at 13:56 IST]

There are three types of acceptance including express acceptance, implied acceptance, and conditional acceptance. In the world of merchant agreements, formal contracts are sometimes too tedious for a busy schedule. Instead, merchants, contractors, and buyers have developed these types of acceptance of a contract. While all of these methods are valid, it is always best to eventually sign a formal contract to ensure that there is something binding in case of a dispute.

Conditional AcceptanceA conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs. This type of acceptance operates as a counteroffer. A counteroffer must be accepted by the original offeror before a contract can be established between the parties.Conditional acceptance occurs when a drawee promises to pay a draft upon the fulfilment of a condition, such as a shipment of goods reaching its destination on the date specified in the contract.Conditional acceptance places an expectation on how the offer is accepted. The most common example of conditional acceptance is placing a time condition on the agreement. For instance, I accept your offer to buy my TV that I placed on Craigslist, as long as you pick it up within the next hour. You are placing a condition on the sale. If the person does not come within the next hour, under conditional acceptance, the offer is no longer valid.

Express AcceptanceAn express acceptance occurs when a person clearly and explicitly agrees to an offer or agrees to pay a draft that is presented for payment.Whether its a handshake or signing the contract, under express contract law, express acceptance is exactly as it sounds, you expressly give your consent for the contract. Examples of expressly accepting a contract include your signature, orally agreeing to the offer, shaking hands, or even exchanging business cards with the offer and accepted terms. Express acceptance is the most obvious and leaves no room for doubt that the offer was accepted

Implied AcceptanceAn implied acceptance is one that is not directly stated but is demonstrated by any acts indicating a person's assent to the proposed bargain. An implied acceptance occurs when a shopper selects an item in a supermarket and pays the cashier for it. The shopper's conduct indicates that he or she has agreed to the supermarket owner's offer to sell the item for the price stated on it.Implied acceptance typically only happens when a report has already been set between you and your customers. Implied acceptance typically does not involve a contract, but rather is oral and action-based in nature. For instance, if youve always hired the same person to paint your house every two years and you stop by their shop and tell them that its been two years, they may just simply show up and paint your house, knock on the door, and you pay them. This was implied acceptance of the offer. The customer offered to let the painter paint his house again, and the painter accepted by going over to his house and painting it. Remember that implied acceptance is typically only considered valid if you have a previous history of this type of acceptance already with this person.

How to do a Conditional Acceptance[footnoteRef:11] [11: http://www.focusoncommerce.net/index_htm_files/How%20to%20Conditionally%20Accept.pdf accessed on 17/04/2014 at 16:48 IST]

The most usual reason for a Conditional Acceptance (CA) is someone asking you for payment, performance of some kind, which you do not think they are entitled to. You would word the CA saying that you will accept their claim that you owe them x amount of $ upon proof of claim that they can produce a valid contract making you liable for such debt (or performance). Just replace the text in the highlighted sections with the facts that fit your own case and you'll have a better understanding of the concept.

Here is a sample CA just so you know what it looks like:

Dear [whomever]: Your correspondence of 10/24/2005 was received by me on October 31, 2005. I am conditionally accepting your contract in that letter of a $13,107.37 balance remaining on the above-referenced loan upon proof of claim that: 1. The funding of the equity line of credit did not come from the promissory note/agreement I had signed on April 30, 2002; 2. You did not deposit my promissory note/agreement into an account from which checkbook money was created, thus making Jane Doe a depositor to whom the funds were owed; 3. Country width can demonstrate that they were put at risk by extending the above-referenced loan to me; 4.Country width was/is or will be damaged if the above-referenced loan is not repaid;

5. The interest and fees added to this alleged debt are not usurious; 6. Country width is not in violation of the Fair Debt Collection Practices Act 15, Section 1601, 1692, et seq., and can validate its claim as I had demanded by Certified Mail #7001194000065267xxxx which Country width received on July 1 of 2003; 7. The private Bond sent to you by the undersigned and received by Country width on March 15, 2004, was dishonoured by John Snow, Secretary of the Department of the Treasury and did not, therefore, discharge the above-reference loan.Etc., etc. [Insert person's name], you have ten (10) days from receipt of this Conditional Acceptance to respond on a point-by-point basis, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated in the attached Affidavit and an inability to prove your claim, thereby indicating that no debt exists.

All rights reserved without prejudice, UCC 1-207 & 1-308

[your signature] -----------------------------------------------

A CA is generally accompanied by an Affidavit such as the example below:

AFFIDAVIT

[Your name], a living soul, over 18 years of age, being competent to testify and having first hand knowledge of the facts herein, declares under penalty of perjury of the laws of the united States of America, that:

[Insert facts of the matter in numbered paragraphs, one statement per paragraph, in a logical, chronological order like so:]

1.On April 30, 2002, I entered into a mortgage agreement with Countrywidth Home Loans Inc. regarding the property known as 44 Xxxxxxx Court, Hxxxxx, Pennsylvania. 2. At the closing of the loan on April 30, 2002, I was offered a line of credit from Country width Home Loans Inc. in the amount of $12,000. This line of credit was based upon the equity already present in the property by virtue of my initial $25,000 down payment to the previous owners of 44 Xxxxxxx Court.

3. Said line of credit may have been created by Countrywidth depositing my promissory note/agreement into an account with the funds being created as I wrote checks drawn on that account. Wherever those funds came from, they represented a return of equity.

Etc., etc.

It usually ends with:

Further, Affiant sayeth naught.

Date: __________________ Signed: _______________________________ [Address]State of ) ) ss:County of )

On this, the _____ day of _________________, 2005, before me, a notary public, the undersigned officer, personally appeared_______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that s/he executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.

Secretarial Help

If you would like us to word process the CA and the Affidavit for you, send us the details of the matter along with $50 and we will prepare it and send it to you for your signature, notarization and mailing. Contact us if you have questions.

Case Law (1)Hyde v. Wrench[footnoteRef:12] [12: [1840] 3 Bea 334; 49 ER 132]

Summary ofHyde v. Wrench, [1840] 3 Bea 334; 49 ER 132FactsWrench (D) offered to sell his estate to Hyde for 1200 pounds and Hyde (P) declined. Wrench then made a final offer to sell the farm for 1000 pounds. Hyde in turn offered to purchase the property for 950 pounds and Wrench replied that he would consider the offer and give an answer within approximately two weeks.Wrench ultimately rejected the offer and the plaintiff immediately replied that he accepted Wrenchs earlier offer to sell the real estate for 1000 pounds. Wrench refused and Hyde sued for breach of contract and sought specific performance, contending that Wenchs offer had not been withdrawn prior to acceptance.IssueIf one party makes an offer and the offeree makes a counteroffer, does the original offer remain open?Holding and RuleNo. A counteroffer negates the original offer.

(2) Normile v. Miller[footnoteRef:13] [13: 22 Ill.313 N.C. 98, 326 S.E.2d 11 (1985)]

Citation 22 Ill.313 N.C. 98, 326 S.E.2d 11 (1985)

Brief Fact Summary

Plaintiffs Normile and Segal both attempted to purchase a piece of real estate from Defendant Miller. Normile first submitted a bid, but Plaintiff responded with a counteroffer. Prior to Normiles acceptance of Defendants counteroffer, Defendant sold the property to Segal.

Synopsis of Rule of Law A counteroffer acts as a rejection of the original offer and does not contain the terms of the original offer. The counteroffer, like the original offer, must be accepted before it is revoked.

FactsOn August 4, Defendant listed a piece of real estate. Normile was shown the property by a real estate broker. Upon seeing the property, Normile and the real estate broker prepared an offer. The offer specified that it must be accepted by 5:00 p.m. on August 5. Defendant received the offer, made several changes, signed and returned the offer to Normile. When the real estate broker presented the counteroffer to Normile, Normile neither accepted nor rejected the counteroffer and indicated that they were going to wait to decide what to do. However, the real estate broker was under the impression that Normile was rejecting the counteroffer based on statements made by Normile. Normile indicated that the increased amount of earnest money and decreased duration of the loan were problematic.On August 5, the same real estate broker went to the home of Segal at approximately 12:30 a.m. At that time Segal signed an offer to purchase the same property with terms very similar to Defendants counteroffer. Defendant accepted this offer. At approximately 2:00 p.m., the real estate broker informed Normile that the counteroffer had been revoked by stating you snooze, you lose; the property has been sold. Prior to 5:00 p.m. on August 5, Normile initialed Defendants counteroffer and delivered it with the earnest money deposit.Normile and Segal filed separate actions, which were consolidated. The trial court granted the Segals motion for summary judgment.

Issue Is there an enforceable contract to purchase the property between Normile and Defendant?Was the counteroffer a rejection of the original offer?Did the deadline for acceptance become part of the counteroffer?Was the counteroffer an option?Did Plaintiff accept the counteroffer?

HeldNo. There is not an enforceable contract between Normile and Defendant to purchase the propertyWhen a potential purchaser submits an offer to the seller and the seller makes changes to the offer prior to signing, it is generally referred to as qualified or conditional acceptance. The type of acceptance is a counteroffer and functions as a rejection of the original offer submitted by the potential purchaser. In the present case, because Defendant changed terms of Normiles offer, Defendant did not accept Normiles offer. In fact, Defendants counteroffer actually operated as a rejection of Normiles offer.In the present case, the deadline for acceptance provision in Normiles offer did not become part of Defendants counteroffer. The Court reasons that because Defendant at no point unconditionally assented to the terms of Normiles offer, the terms of Normiles offer did not become part of the counteroffer.An option contract is one that grants a potential purchaser an exclusive right to purchase property within a specified period of time for a fixed price. The Court provides two reasons why Defendants counteroffer does not grant Normile an option contract. First, an option contract must be supported by valuable consideration. In the present case, no consideration was given. Second, Defendants counteroffer did not promise that the offer would remain open for a specific amount of time.A potential purchaser does not have the power to accept an offer after it has been revoked. Under these facts, Normile neither accepted nor rejected the counteroffer when it was first presented. Normile instead expressed concern regarding some of the terms of the counteroffer and indicated that he was going to wait to decide whether to accept the counteroffer. When Defendant entered into a contract with Segal, Defendant manifested an intention to revoke the counteroffer. Revocation generally must be communicated to the offeree to be effective. In the present case, Normile did receive notice of the revocation through the real estate broker. Because Normiles power of acceptance had already been terminated by Defendants revocation of the counteroffer, Normiles attempt to accept the counteroffer failed.

Discussion In this case, Defendant rejected Normiles offer by submitting a counteroffer. Because the counteroffer operated as a rejection of Normiles original offer, the terms of Normiles original offer were not transferred to the counteroffer. Normile did not have a contract to purchase the property from Defendant because Normile failed to accept the counteroffer before it was revoked.

(3) Stevenson Jaques & Co. v McLean[footnoteRef:14] [14: (1880) 5 QBD 346 Queen's Bench Division]

FactThe defendant held documents of title to certain quantities of iron and offered to sell them to the plaintiff for 40/- cash, indicating that the offer would be held open until the following Monday. The plaintiff was a broker and would only buy once they had lined up a buyer to take from them.On Monday at 9:42am P sent a telegram to D sounding out what flexibility there might be to negotiate before the days trading got under way. The market was unstable and P wanted to know the negotiating range."Please wire whether you would accept 40 for delivery over 2 months, if not, longest time limit."There was no response from D and P later purported to accept the original offer. D claimed that the acceptance was not effective as their telegram had rejected the offer by way of counter-offer.HELDThis case should be distinguished fromHyde v Wrench(1840). In that case D had offered his estate for 1000. P offered to pay 950. When this was refused, P then purported to agree to pay the full 1000. P could not claim the estate, because his original counter-offer had put an end to D's offer.Here, the telegram was not a counter-proposal, but a mere inquiry "which should have been answered" [morally or legally?]. It was not as a rejection of the offer.Pothierhas suggested a more subjective view. He has argued that if the offeror changes their mind (but does not communicate this) before acceptance, then at the moment of acceptance, there is no meeting of minds, and therefore no contract (Cooke v Oxley).However a more objective view is preferable. Once an offer is made, it is taken to be continuing each moment until accepted or withdrawn. The law will regard the intention evidenced in the offer as continuing, until notice of its revocation has been communicated to the other party. As stated inByrne v Van Tienhoven(1880)"an uncommunicated revocation is, for all practical purposes and in point of law, no revocation at all".As no notice of withdrawal was given by the offeror, the P could regard it as a continuing offer, and their acceptance of it made the contract complete.Conclusion:-According to Section 2(b) of Indian Contract Act,1872, When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A promise or act on the part of an offeree indicating a willingness to be bound by the terms and conditions contained in an offer. Also, the acknowledgment of the drawee that binds the drawee to the terms of a draft.This paper dealt with one of the essential elements of contract i.e. acceptance and types of acceptance and essentials of acceptance. In this project the researchers hypothesis is right. The researcher compared between counter offer and conditional acceptance. A counter-offer is an offer made by an offeree to his offeror relating to the same matter as the original offer and proposing a substituted bargain differing from that proposed by the original offer whereas A conditional acceptance, sometimes called a qualified acceptance, occurs when a person to whom an offer has been made tells the offeror that he or she is willing to agree to the offer provided that some changes are made in its terms or that some condition or event occurs. This type of acceptance operates as a counteroffer. A counteroffer must be accepted by the original offeror before a contract can be established between the parties.At last the researcher came to the conclusion that A conditional acceptance is same as a counter offer and his hypothesis is right.

Bibliography:-Books:-Dr. R.K.Bangia, Contract-1, Reprint 2013, 6th edition, Allahabad Law AgencyDr. Kailash Rai, Contract-1, 2011, 3rd Edition, Central Law PublicationsAvatar Singh, Contract and Specified Relief, 2013, 11th Edition, Eastern Book CompanyAkhileshwar Pathak, Contract Law, 2013, 10th Edition, Oxford University Press Anirudh Wadhwa, Mulla Indian Contract Act, Reprint 2012, 13th Edition, Lexis Nexis IndiaThorpe S , Indian Contract Act ( Act 9 of 1872), 2013, 11th Edition, , Lexis Nexis India Statutes:-The Indian Contract Act,1872Websites:-http://www.e-lawresources.co.uk/Offer-and-acceptance.php accessed on 15/04/2014at 16: 40 ISThttp://catalogue.pearsoned.co.uk/assets/hip/gb/hip_gb_pearsonhighered/samplechapter/Elliott_contract_C01.pdf accessed on 16/04/2014 at 13: 45 IST

http://www.law.ubc.ca/files/pdf/faculty/macdougall/CasesandCommentaries.pdf accessed on 15/04/2014 at 15: 35 ISThttp://law.jrank.org/pages/3949/Acceptance-Types-Acceptance.html accessed on 16/04/2014 at 14:12 ISThttp://law.freeadvice.com/general_practice/contract_law/kind_acceptance.htm accessed on 17/04/2014 at 10: 45 ISThttp://www.lawteacher.net/PDF/Agreement%20Cases.pdf

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