CENTRAL UNIVERSITY OF SOUTH BIHAR

TOPIC
ASSIGMENT ON OFFER AND ACCEPTANCE
PROJECT TITLE
CHANGE IN ROLE OF OFFER AND ACCEPTANCE

SUBMITTED TO:
DR. P.K. DAS SIR (ASSOCIATE PROFESSOR) &
DR. CHANDANA SUBA MA’AM (ASSISTANT PROFESSOR)
FACULTY, SCHOOL OF LAW AND GOVERNANCE
CENTRAL UNIVERSITY OF SOUTH BIHAR

SUBMITTED BY:
ABHISHEK RAJ
B.A. L L.B, 2nd SEMESTER
ENROLLMENT NO.- CUSB2313125006
SCHOOL OF LAW AND GOVERNANCE

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ACKNOWLEDGEMENT

I would like to thank my faculty DR PRADIP KUMAR DAS sir, who gave me an assignment
of such relevant topic “OFFER AND ACCEPTANCE” which made me work toward knowing
the subject with a greater interest and enthusiasm and moreover a respected professor guided
me throughout the project.

I owe the present accomplishment of my project to my faculty especially DR CHANDANA

SUBA ma’am and colleagues, who helped me throughout the project in regards to the sources
of the material needed for this assignment. I am obliged to all of them.

I would like to extend my gratitude to my parents and guardian and all those unseen hands
who helped me out at every stage of my project.

THANK YOU!!

ABHISHEK RAJ

CUSB2313125006

B.A.LL.B(HONS.)

2 ND SEMESTER

2
TABLE OF CONTENT

PAGE NO. TOPIC NAME

4. RESEARCH METHADOLOGY, RESEARCH QUESTION AND

RESEARCH HYPOTHESIS, CHAPTERISATION

5. INTRODUCTION

5-6. OFFER AND TYPES OF AN OFFER

7-9. COMMUNIACTION OF OFFER, RULES FOR MAKING VALID

OFFER, REVOCATION OF OFFER

10-14. ACCEPTANCE, COMMUNICATION OF ACCEPTANCE, RULES

FOR MAKING A VALID ACCEPTANCE, REVOCATION OF
ACCEPTANCE, LAPSE OF OFFER

14-15. ROLE OF OFFER AND ACCEPTANCE IN UNILATERAL

CONTRACT.

15-16. SILENCE AS ACCEPTANCE IN THE FORMATION OF THE

CONTRACT.

17. CONCLUSION

18. BIBLIOGRAPHY

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RESEARCH METHADOLOGY

The research methodology for this assignment is primary from various case laws, legislation
and other important regulation and secondary from various books, articles, newspaper,
journals and different websites. In general, we are going to use doctrinal research
methodology.

RESEARCH PROBLEM

• What is the role of offer and acceptance in unilateral contract?

• What is the role of silence in offer and acceptance?

RESEARCH HYPOTHESIS

1. Role of offer and acceptance in unilateral contract.

In unilateral contracts, the clarity and specificity of offers play a crucial role in determining
the manner and likelihood of acceptance through performance. The effectiveness and
enforceability of these contracts are influenced by the extent to which the offer communicates
clear terms, facilitating unambiguous acceptance by the performing party.

2. Role of silence in offer and acceptance.

The role of silence in offer and acceptance is a critical aspect of contract law. While silence
typically does not constitute acceptance, there are exceptions where silence can imply
consent or acceptance, particularly in situations where there is a pre-existing duty to speak or
where silence is understood as a mode of communication.

CHAPTERISATION

• Introduction
• Offer and Rules for valid offer
• Acceptance and rules for valid acceptance
• Lapse of an offer
• Role of offer and acceptance in the unilateral contract
• Silence as acceptance in formation of the contract
• Conclusion

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INTRODUCTION
Contract law forms the cornerstone of legal relationships, directing the creation and
enforcement of agreements to ensure fairness and predictability in transactions.
Understanding contract law is crucial for individuals engaged in business, commerce, or
everyday transactions. At the heart of contract law lies "Offer and Acceptance," establishing
the terms for a valid contract. An offer indicates intent with clear terms, while acceptance
binds parties to these terms, establishing a binding agreement. Proficiency in offer and
acceptance is essential as they determine contract formation, guaranteeing legality and
enforceability and safeguarding parties from legal risks, nurturing confidence in business
dealings. Generally, for an agreement to become legally enforceable, it must satisfy certain
fundamental requirements. A valid contract necessitates a lawful offer and acceptance of that
offer, with at least two parties involved one offering and the other accepting. Therefore, offer
and acceptance serve as the initial steps in agreement formation, governed by various rules
ensuring validity.

In unilateral contracts, the dynamics of offer and acceptance play a pivotal role. The offeror
extends a promise conditional upon specific performance by the offeree. This unique
arrangement underscores the unilateral nature of the contract, where acceptance is
demonstrated through completion of the specified act.

Silence can serve as acceptance in contracts under certain circumstances, particularly in

unilateral contracts where performance constitutes acceptance. However, the general rule is
that silence does not imply acceptance, emphasizing the importance of clear communication
and explicit agreement in contractual relationships.

OFFER

The initiation of a contract commences with one party presenting a proposal or offer to
another. For the agreement to materialize, this proposal necessitates acceptance.

According to the Indian Contract Act 1872, proposal is defined in § 2(a) as “when one person
will signify to another person his willingness to do or not do something (abstain) with a view

5
to obtain the assent of such person to such an act or abstinence, he is said to make a proposal
or an offer.”1

The person making the offer/proposal is referred to as the “promiser” or the “offeror”. And
the person who accepts an offer is referred to as “promisee” or the “acceptor”. The offeror
must explicitly convey their intention to either perform an action or refrain from it. Mere
inclination or desire to act, without clear expression, does not constitute an offer. Offers can
take the form of either positive commitments to perform an action or negative commitments
to refrain from acting, both of which are legally valid.

For ex- Mr. A says Mr. B will you purchase my car for 5000 rupees? Here Mr. A is making an
offer to Mr. B as he signifies his willingness to Mr. B to sell his car to him for 5000 rupees
with a view to obtain the assent to purchase the car. Here the person making the offer is
known as offeror or proposal or promiser or the person to whom it is made is offeree or
propose or promisee.

TYPES OF OFFER

1. Express offer – An offer may be made by express words; either spoken or written.

For ex- When Mr. A advertises in the newspaper offering 5oo rupees to anyone who
return his lost dog; there is an express offer.

2. Implied offer – An offer may also be implied from the conduct of the parties or
circumstances of the case is known as implied offer.

For ex- When you entered into any bus to visit lal kila from Rajghat. After entering into
the bus you are impliedly giving consent to give the fare of ride.

3. Specific offer – When an offer is made to a definite person it is called a specific offer.

For ex- A enters into contact with B to sell his book for Rs 500. Here it is mentioned that
A is specifically making an offer to B and offer is only accepted by B.

4. General offer – When an offer is made to the world at large.

1
The Indian Contract Act, 1872 (9 of 1872), § 2(a)

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 It was suggested in the old case of Weeks v Tybald2 that an offer must be made to a
definite person. An offer of this kind has already have been seen in Lalman Shukla v
Gauri Datt3 Which was addressed to the public generally.

COMMUNICATION WHEN COMPLETED4

The communication of a proposal is complete when it completes to the person to whom it

is made. Obviously, therefore, an offer cannot be accepted unless and until it has been
brought to the knowledge of the person to whom it is made. In the case of Lalman Shukla
V Gauri Datt, The BANERJI J said: “In my opinion a suit like the present can only be
founded on a contract. In order to constitute a contract, there must be an acceptance of an
offer and there can be no acceptance unless there is knowledge of the offer.”5

For ex- A of Delhi send a letter to B in Bombay on 7th July to sell his car to him for Rs
500000. The letter reached to B on 10th July. So the communication of offer is completed
on 10th July.

RULE FOR MAKING VALID OFFER

1. Offer must be certain, definite and not vague.

If the offer is uncertain, loose or vague then it is not clear what exactly parties have to
do.

For ex- A offer B that he will purchase one more horse if earlier horse proves lucky.
Here the offer is vague in nature.

2. Offer must to intend to create a legal relation.

An offer does not become promise even after its acceptance until there is intention to
form a legal relation.

2
Weeks v. Tybald, (1605) 75 ER 982
3
1913 SCC OnLine ALL 242: (1913) 11 ALLLJ 489
4
The Indian Contract Act, 1872 (9 of 1872), § 4
5
Avtar Singh, Contract and Specific relief p.12(Eastern Book Company, 34, Lalbagh, Lucknow, 13 th edition,
2022)

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 For ex- A and B are friends. A offer B for dinner party but due to office work B was
not able to go that dinner party. Here A cannot claim for his loss there is no formation
of legal relation between A and B. It is a type of social contract.

3. Offer must be distinguished from invitation to offer.

An invitation to offer is not accepted in the eye of law and does not become promise
even after its acceptance.

For ex- A shopkeeper display his goods in his shop with price tags acts as invitation to
offer and acceptance of it does not make it as a promise.

4. Offer must be not contain a term non-compliance of which would amount to

acceptance.

The offer should not impose on the offeree an obligation to reply while making an
offer the offeror cannot say that if the offer is not accepted till date it will presume to
be accepted.

5. Specific terms of an offer must be communicated.

The offeror is freed to lay down any valid or lawful terms and condition in the offer
which is bound on the offeree if he accept it. The important point is that if there are
specific term are in offer then it must be duly communicated.

6. The offer must be communicated.

It means that an offer is complete only when it is communicated to the offeree. An

offer accepted without his knowledge does not confer any legal rights on the acceptor.
There can be no valid acceptance unless there is knowledge of the offer.

For ex- in the case of Fitch v. Snedakar6, S offered a reward to anyone who returns
his lost dog. F brought the dog without any knowledge of the offer of reward. It was
held that F was not entitled to the reward because F cannot be said to have accepted
the offer which he was not aware of.

7. The offer must be distinguished from a mere declaration of intention.

6
38 N.Y. 248, 97 Am. Dec. 791 (1868)

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 Sometimes a person may make a statement without any intention of creating a binding
obligation. Such statement or declaration only indicate that he is willingly to negotiate
and an offer will be made or invited in future.

For ex- in case of Farina v. Fickus7, a father wrote to his would be son-in-law that his
daughter would have a share of what he left. It was held that the letter was a mere
statement of intention and not an offer.

REVOCATION OF OFFER8

According to § 5 of the Contract Act “a proposal may be revolted at any time before
the communication of its acceptance is complete as against the proposer, but not
afterwards.”

For ex- A offers by letter to sell his car to B at a certain price. A may revoke his offer
at any time before B posts his letter of acceptance, but not afterwards. Once the letter
of acceptance has been posted, the offer cannot be revoked. Therefore, when the
offeror wishes to revoke his offer, he must do so by a speedier mode of
communication so that the revocation notice reaches the offeree before he posts his
letter of acceptance.

ACCEPTANCE9

Acceptance is an expression by the offeree of his willingness to be bound by the terms

of the offer. This results in the establishment of legal relations between the offeror and
offeree. § 2(b) of the Indian Contract Act defines the term ‘acceptance’ as “when the
person to whom the proposal is made signifies his assent thereto, the proposal is said
to be accepted. A proposal when accepted becomes a promise.”

For ex- A offers to sell his book to B for Rs. 20. B agrees to buy the book for Rs. 20.
This is an acceptance of A's offer by B.

WHO CAN ACCEPT?

An offer can be accepted only by the person or persons to whom it is made. An offer
made to a particular person (specific offer) can be accepted only by him and none

7
[1900] 1 Ch 331
8
The Indian Contract Act, 1872 (9 of 1872), § 5
9
The Indian Contract Act, 1872 (9 of 1872), § 2(b)

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 else. The rule of law is that if A wants to enter into a contract with B, then C cannot
substitute himself for B without A's consent. In the case of Boulton v. Jones, A sold
his business to B but this fact was not known to an old customer C. C sent an order for
goods to A by name. B supplied the goods to C. It was held that there was no contract
between B and C because C never made any offer to B. If an offer is made to the
world at large (general offer) any person can accept the offer provided he has the
knowledge of the offer.

HOW IS AN ACCEPTANCE MADE?

An offer may be either express or implied. Similarly, the acceptance may also be
either express or implied. When the acceptance is given by words spoken or written, it
is called an ‘express acceptance’.

For example, A offers to sell his book to B for Rs. 20. B may accept this offer by
stating so orally or by writing letter to A.

The acceptance may also be implied by conduct.

For ex- A enters into DTC bus for going to Rajghat. This is an implied acceptance by
A and he is bound to pay the fare.

LEGAL RULES FOR MAKING A VALID ACCEPTANCE

1. Acceptance must be absolute and unqualified.10

§ 7 (1) of the Indian Contract Act provides that ‘In order to convert a proposal into a
promise, the acceptance must be absolute and unqualified.’ This is so because a
qualified and conditional acceptance amounts to a counter offer leading to the rejection
of the original offer.

For ex- A offers to sell his scooter to B for Rs. 8,000 and B agrees to buy it for Rs.
7,500. It is a counter offer and not an acceptance. If, later on, B is ready to pay Rs.
8,000 A is not bound to sell his scooter, because E's counter offer has put an end to the
original offer.

2. Acceptance must be in the prescribed manner.

10
The Indian Contract Act, 1872 (9 of 1872), §7(1)

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 Where the offeror has prescribed a mode of acceptance, it must be accepted in that very
manner. If the offer is not accepted in the prescribed manner it is up to the offeror to
accept or reject such acceptance. But when the acceptance is not in the prescribed
manner and the offeror wants to reject it, he must inform the acceptor within a
reasonable time that he is not bound by acceptance since it is not in the prescribed
manner. If he does not do so within a reasonable time, he will be bound by the
acceptance.

For ex- A makes an offer to B and says "send your acceptance by telegram ". B sends
his acceptance by a letter. A can refuse this acceptance on the ground that it was not
accepted in the prescribed manner. But, if A fails to inform B within a reasonable time
he will be deemed to have accepted the acceptance by ordinary letter and it will result
in the formation of a valid contract: If, however, no mode has been prescribed, it should
be accepted in some usual and reasonable manner.

3. Acceptance must be communicated.

The acceptance is complete only when it has been communicated to the offeror. A mere
mental acceptance, not evidenced by words or conduct, is no acceptance.

In Brogen v. Metropolitan Railway Co.11 case, an offer to supply coal to the railway
Co. was made. The manager wrote on the letter 'accepted', put it in his drawer and
forgot all about it. It was held that no contract was made because acceptance was not
communicated.

4. Acceptance must be done by person who as authority to accept it.

For an acceptance to be valid it should be communicated by the offeree himself or by a

person who has the authority to accept. Thus, if acceptance is communicated by an
unauthorised person, it will not give rise to legal relations.

5. Acceptance must be made within the time prescribed or within a reasonable time.

Sometimes the offeror while making the offer fixes the period within which the offer
should be accepted. In such a situation, the acceptance must be given within the
prescribed time and if no time is prescribed, it should be accepted within a reasonable
time.

11
(1877) 2 AppCas 666

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 6. Acceptance must be given before the offer lapses or is withdrawn.

The acceptance must be given while the offer is in force. Once an offer has been
withdrawn or stands lapsed, it cannot be accepted.

For ex- A offered, by a letter, to sell his car to B for Rs. 40,000. Subsequently, A
withdraws his offer by a telegram, which was duly received by B; After the receipt of
the telegram, B sends his acceptance to A. This acceptance is not valid.

COMMUNICATION OF ACCEPTANCE12

According to § 4 of the Contract Act, "the communication of acceptance is complete:

(a) as against the proposer, when it is put in a course of transmission to him, so as to be

out of the power of the acceptor, and

(b) as against the acceptor, when it comes to the knowledge of the proposer.

REVOCATION OF ACCEPTANCE13

§ 5 of the Contract Act further provides that ‘an acceptance may be revoked at any
time before the communication of the acceptance is complete as against the acceptor,
but not afterwards.’

For ex- A offers by a letter dated February 2, sent by post, to sell his house to B at a
certain price. B accepts the offer on February 6 by a letter sent by post. The letter
reaches A on February 8 at 2 p.m. Here B may revoke his acceptance at any time
before 2 p.m. on February 8, but not afterwards.

LAPSE OF AN OFFER

1. By lapse of stipulated or reasonable time.

The offeree must accept the offer within the time prescribed in the offer and if no time
is prescribed, it must be accepted within a reasonable time.

In the case of Ramsgate Victoria Hotel Co. v. Montefiore14, M offered to buy shares of
a company on June 8. The Company informed him about the allotment on November

12
The Indian Contract Act, 1872 (9 of 1872), § 4
13
The Indian Contract Act, 1872 (9 of 1872), § 5
14
Ramsgate Victoria Hotel v Montefiore (1866) LR 1 Ex 109

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23. M refused to accept the shares. It was held that M's offer to buy shares had lapsed
because it was not accepted within a reasonable time.

2. By death or insanity of the offeror or the offeree before acceptance.

An offer lapses by the death or insanity of an offeror if the fact of his death or insanity
comes to the knowledge of the acceptor before he makes his acceptance.

3. By failure to fulfil condition precedent to acceptance.

When there is a condition in the offer which must be fulfilled before the acceptance of
the offer, the offer lapses if the acceptance is given without fulfilling that condition.

For ex- A offered to sell his scooter to B for Rs. 10,000 subject to the condition that B
should pay Rs. 2,000 before a certain date. B accepted the offer but did not pay the
money. In this case the acceptance has no validity and the offer stands terminated.

4. By rejection of offer by the offeree.

An offer lapses as soon as it is rejected by the offeree. Once an offer is rejected, it

cannot be revived subsequently.

5. If it is not accepted in the prescribed or usual mode.

Sometimes, the offeror prescribes the mode of acceptance. In such a situation the offer
must, be accepted in that very manner and if it is not accepted in the prescribed mode
the offer stands lapsed.

6. By counter offer by the offeree.

Counter offer means making a fresh offer instead of accepting the original offer. A
counter offer amounts to the rejection of the original offer. Hence, as soon as the
counter offer is made, the original offer stand lapsed.

7. By revocation

If the offeror revokes the offer before its acceptance by the offeree, the offer stands
lapsed. According to rules, an offer can be revoked, at any time before it is accepted by
communicating a notice of revocation to the offeree.

For example, at an auction sale, the highest bidder can revoke his offer to buy before
the fall of the hammer.

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 8. By subsequent illegality or destruction of subject-matter.

An offer lapses if it becomes illegal before it is accepted.

For ex- A of Delhi offered to supply 100 bags of rice to B at Lucknow on a certain date.
But, before this offer is accepted by B, the Government has issued an order prohibiting
the inter-state movement of foodgrains. Automatically the offer made by A comes to an
end. Similarly, if the subject-matter of the offer is destroyed before acceptance, the
offer lapses.

ROLE OF OFFER AND ACCEPTANCE IN UNILATERAL

CONTRACT

The Restatement of Contracts provides that a “unilateral contract is one in which no

promisor receives a promise as consideration for his promise.”15 What the promisor
expects to receive as consideration for his promise is the doing of an act by the
promisee. Theoretically, the offer is not accepted until the act is completed, and the
offeror may therefore revoke his offer at any time prior to acceptance. This view was
presented in 1916 by I. Maurice Wormser in The True Conception of Unilateral
Contracts16. Mr. Wormser recognized that his conception of unilateral contracts could
frequently work a hardship on the offeree who had begun performance at the time of
revocation, but justified this hardship on the basis that since the offeree is not bound to
complete performance, neither should the offeror be bound until performance is
completed17. He further emphasized that neither party is forced to enter a unilateral
contract, but once they freely adopt that form of agreement they should be bound by its
consequences18. Of course, an offeree who confers a benefit upon the offeror as a result
of his past performance may recover the value of that benefit in quasi-contract, but,
frequently, a detriment is incurred by the offeree without any concomitant benefit to the
offeror.

15
RESTATEMENT, CONTRACTS § 12 (1932)
16
Wormser, The True, Conception of Unilateral Contracts, 26 YALE L.J. 136 (1916).
17
Id. at 138. In referring to the classic example where the offeror revokes an offer to walk across the Brooklyn
Bridge after the offeree has gone half-way, Wormser says: The objection is made, however, that it is very "hard"
upon B (the offeree) that he should have walked half-way across the Brooklyn Bridge and should get no
compensation… . The answer to this is obvious. By hypothesis, B was not bound to walk across the Brooklyn
Bridge… . If B is not bound to continue to cross the bridge, if B is will-free, why should not A (the offeror) also
be will-free?
18
Ibid.

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 In Wallace v. Northern Ohio Traction & Light Co.19, the pension plan can be seen as a
unilateral contract. The company's offer of pension benefits is contingent upon the
employees fulfilling specific conditions, such as completing twenty years of service and
reaching age 65 and that the offer could be revoked at any time before acceptance in its
terms.20 The employee acceptance is indicated through performance of the specified
acts. The court's recognition of the plan as a unilateral contract emphasizes that
acceptance occurs through performance, and the offeror (the company) can revoke the
offer before acceptance.

SILENCE AS ACCEPTANCE IN FORMATION OF CONTRACT

“He who remains silent certainly does not speak; but never the less it is true
that he does not deny.”21 The general rule is that the silence cannot amount to
acceptance. How ever there are four major exception of this rule such as-

1. Silence will constitute acceptance if the offeree gives the offeror the impression that
silence will be considered an acceptance.

For ex- George, owner of Babe's Baseball Memorabilia, seeks mint condition Mickey
Mantle cards. He instructs Lou to send any found cards with a proposed price,
indicating silence as acceptance if he doesn't return them within a week. Lou discovers
a Mint Mantle rookie card, sending it with a $5,000 price. George's failure to return the
card implies acceptance of Lou's offer. This illustrates acceptance through silence in
their agreement, aligning with contract law principles.

2. Silence will constitute acceptance where the offeror has told the offeree that silence
will constitute acceptance.

For ex- General Motors offers to sell fifty Cadillac sedans to Big Apple Limousine
Service at $10,000 per car, with acceptance contingent on the CEO's approval. On
March 5th, the CEO approves the offer. Subsequently, General Motors attempts to
retract the offer on March 7th. However, since the CEO's approval constituted
acceptance, a valid contract was formed on March 5th. General Motors cannot retract
the offer, and the contract remains binding.

19
57 Ohio App. 203, 13 N.E.2d 139 (1937).
20
Digest, L, 17, 142 (Paulus). See POUND, READINGS IN ROMAN LAW, 2d. ed., 25-26.
21
Digest, L, 17, 142 (Paulus). See POUND, READINGS IN ROMAN LAW, 2d. ed., 25-26.

15
3. Silence will constitute acceptance where an offeree improperly exercised dominion
over goods sent to him for approval or inspection. In such an instance, the offeree is
contractually bound to buy the goods at the stated price. The offeree will be forced
to buy the goods even if he never had any intention of buying them in the first
place.

For ex- George is the owner and manager of Babe’s Baseball Memorabilia. Mickey, one
of George’s best customers, frequently sells cards to George. Mickey sends George a
small box of mint condition 1955 Topps baseball cards along with a note saying, “take a
look at these and tell me if you are interested in buying them.” George looks through
the cards, has them laminated in plastic and mounts them on his wall. In this instance,
George is now contractually bound to buy the cards at a reasonable price, even if he
never formulated intent to accept Mickey’s offer, because George improperly exercised
dominion over the cards.

4. A late acceptance of an offer has the legal weight of a counteroffer. In other words,
where an offeror makes an offer to an offeree and the offeree accepts in an untimely
manner, that acceptance is not a valid acceptance.

For ex- In the scenario, Anderson's Auto Body Shop offers to purchase two thousand
black widgets from Boston Widget Co. for $1 each. Three months later, Boston Widget
accepts the offer, but Anderson does not respond. Legally, Boston Widget's acceptance
is not valid due to its untimeliness, yet it functions as a counteroffer. However,
considering Boston Widget's perspective, good faith obligates Anderson to respond.
Since Anderson fails to do so, Boston Widget may interpret Anderson's silence as
acceptance of their late counteroffer.

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CONCLUSION

offer and acceptance are foundational concepts in contract law, vital for the formation
and enforcement of agreements. The Indian Contract Act 1872 defines these terms and
establishes rules governing their validity and communication. An offer must be clear,
definite, and communicated to the offeree, with the intention to create legal relations.
Acceptance, on the other hand, must be absolute, unqualified, and communicated to the
offeror within the prescribed or reasonable time frame.

Various types of offers exist, including express, implied, specific, and general offers,
each with its own characteristics and implications. Similarly, acceptance can be express
or implied, either through words or conduct. Legal rules dictate the validity of
acceptance, requiring it to be communicated, made by an authorized person, and within
the prescribed manner and time.

Furthermore, the role of offer and acceptance in unilateral contracts highlights how
performance constitutes acceptance, and the offeror may revoke the offer before
acceptance. While silence generally does not constitute acceptance, certain exceptions
apply, such as when silence is explicitly or implicitly accepted by the offeror.

Understanding these principles is crucial for individuals and businesses engaged in

contractual relationships, ensuring clarity, fairness, and predictability in transactions.
Clear communication and adherence to legal requirements surrounding offer and
acceptance foster confidence in business dealings and mitigate legal risks for parties
involved.

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BIBLIOGRAPHY

BOOKS

• Avtar Singh, Contract and Specific relief p.12(Eastern Book Company, 34,
Lalbagh, Lucknow, 13th edition, 2022)
• The Indian Contract Act, 1872(9 of 1872), Bare act (LexisNexis, 2023)

WEBSITES

• https://fastercapital.com/content/Offer-acceptance--The-Crucial-Step-in-a-
Unilateral-Contract.html
• “Silence as Acceptance in the Formation of Contracts.” Harvard Law
Review, vol. 33, no.4, 1920, pp.595–98. JSTOR
https://doi.org/10.2307/1328040. Accessed 7 Apr. 2024.

• John Yetter, Unilateral Contracts: An Examination of Traditional Concepts

and the Proposed Solution of the ALI Restatement of Contracts, Second
(Tentative Draft No. 1), 5 DUQ. L. REV. 175 (1966).
https://dsc.duq.edu/dlr/vol5/iss2/6

• https://blog.ipleaders.in/offer-acceptance/

• https://www.lawshelf.com/coursewarecontentview/silence-as-acceptance

• https://www.investopedia.com/terms/u/unilateral-contract.asp#toc-
understanding-unilateral-contracts

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