Section 3,4,5,

 Section 3-Communication, acceptance  ,revocation of proposal -----the communication of proposals,the acceptance of proposals ,the revocation of proposal and acceptance respectively 

Are to be deemed by any act or omission of the party proposing , accepting and revoking 

By which he intends to communicate 

Such proposal, acceptance or revocation or which has the effect of communicating it .

Land mark judgement 

Communication must proposer or his agent 

Felthouse versus Bindlay 

Plaintiff had written a letter to his nephew that if you will not reply about the horse .I will become owner of horse at 33 pond 15 shilling .the nephew did not reply .the nephew informed.however he informed to defendant who is an auctioneer . defendant sold that horse by mistake . plaintiff had filed a suit against respondent for horse.

Decision ----- here nephew did not inform to his acceptance .no acceptance has not been made between uncle and nephew.this principal had been laid down that acceptance did not make to his uncle .so acceptance must be made to the proposer or  his agent .

Land mark case no.2 

Powell versus Lee 1908 

Plaintiff had applied for the post of headmaster .selection Board selected him for this post .board did not inform plaintiff .that board rescinded their proposal .the plaintiff had filed a case for breach this contract.

Decision ------communication must be made by offeree or by his authorised agent .a communication of acceptance from an unauthorised person will not be valid .

Land mark decision no.3

Holiyeson versus henesha 

A had sent a proposal letter to B  to buy flour . acceptance must be sent through lorry driver .but respondent had sent acceptance through post .A found the letter .B filed the suit .

Decision -----A is not bound because B had not sent his acceptance according desire of proposer

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Section 4. Communication when complete-------

The communication of a proposal is complete 

When it comes to the knowledge of the person to whom it is  made ....

The  communication of an acceptance is complete 

As against the proposer 

When it is put in a course of transmission to him as to be out of the power of the acceptor .....

As against the acceptor when it comes to the knowledge of the proposer .

The communication of a revocation is complete 

As against the person who makes it 

When it is put into course of transmission to the person to whom it is made 

So as to be out of the power of the person who makes it .

Illustrations 

A.A proposes by letter  to sell a house to B at certain price 

The communication of the proposal is complete when  B received the letter.

A.....................B

B.B accepts A 's proposal by a letter sent by a letter sent by post 

Land mark decision 

Bhagwan Das Goverdhan das versus Girdhari Lal purshottam das and company.....

The plaintiff had made an offer to purchase goods from Ahemdabad by telephone to the defendant at Khamgaon . defendant gives his consent completed at Ahemdabad.Defendant statement that contract completed at Khamgaon.

 

Decision ----court held that contract had been completed at Ahemdabad.because acceptance had been received at Ahemdabad.so case  had been filed at Ahemdabad .

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Landmark decision no .2

Brinkbon ltd.   Versus staghag w G

Plaintiff had sent proposal from England to a trader at Holand  bt telex . defendant had sent his acceptance by telex .

Decision --- contract has been made at England . because acceptance has been received at England.

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Landmark decision 3

Adames versus Lindsell 

Respondent had  given proposal to plaintiff on 2 September 1817 . plaintiff had got this letter on 5 September .he sent his acceptance letter but it delayed and defendant had got this letter on 9 september.respondent continued to wait for  8 september.respondent had sold wool to any another person .a case had been filed for breach of contract .

Decision ---respondent had argued that he didn't get Acceptance within time 

But court had decided that respondent was bounded when plaintiff had posted the letter of acceptance 

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Land mark decision 4

Antorse versus miles for east corporation 

Imagine that a person proposes from one bank of river  and another person do not hear that proposal due to noise of airoplane

Decision  ----nothing contract has been made .because acceptance had not been received by promisor 

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Communication by post -----

Haroon biwi versus united india  life insurance society 

An installment had been sent by money order.insurance company  had got money  after some time .during this time insured person had died .her widow had got that money.

Decision ----insurance company had bounded when money order had been dispatched at the time proposer had been bounded .

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5.Revocation of proposals and acceptance 

a proposal may be revoked at any time before the communication of its acceptance is complete 

As against the proposer 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.

Landmark decision 1

Henthran versus Frazer 

The secretary of society had given a proposal to sell a property . plaintiff belonged to another city .he had taken that proposal and returned to his city 

He had sent his acceptance by post at 3.30 pm next day .that letter reached at 8.30 pm .but same day society had sent that revocation letter at 1 pm . plaintiff  had got that revocation letter at 5.30 pm 

Decision ----revocation was not effective because revocation had been reached after post a letter in post 

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Landmark decision no.2

Alfred shonlak   versus Muthunyanna shetty

Respondent put a proposal at the house of plaintiff 

8 days had been given to accept this proposal 

At the fourth day proposal has been revoked and plaintiff has accepted it on 5 th day ..

In this case acceptance is not valuable because proposal can revoke his proposal whenever he wants because he did not take any  consideration for this so he can revoke his proposal