English contract act section 6 to 9

  Section 6 to 9 contract act 

Section 6.Revocation how made ------A proposal is revoked 

1.by the communication of notice of revocation by the proposer to the other party 

2.by the lapse of the time prescribed in such proposal for its acceptance 

Or  if  no time is so prescribed 

By the lapse of a reasonable time without communication of the acceptance 

Explanation ----reasonable time may be different for different transaction . There is very little time is required in  gold and silver contract .but in contract of land it may be possible that it will take a long time 

3.by the failure of the acceptor to fulfil a condition precedent to Acceptance or

Example --a lake of salt is to be given on lease .but acceptor must have deposited some money in advance .acceptor did not do for three years . allocation had been cancelled . because condition had not been fulfilled by acceptor 

4.by the death or insanity of the proposer ,if the fact of of his death or insanity comes to the knowledge of the acceptor before acceptance 

N----LCD 

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Section 7 . acceptance must be absolute------in order to convert a proposal into a 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 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

 

Example 

B offer A that I intend to sell my house for 50,000/ Rs.if you keep desire to buy this house ,you will send your acceptance  to H at his address .instead of writing to H .A sent his agent in person to H with Rs.50,000/ .B argues that acceptance was not according prescribed manner .so there was not valid contract arised between the parties .

Case no .2----in this case plaintiff had imposed certain  conditions at the time of acceptance that transportation will be free from Mumbai port and no interest will be taken . respondent had denied to accept it .after that plaintiff had accepted the original offer . plaintiff had filed suit.

Explanation -----offer should be absolute and unqualified .then there no legal liability will be raised .the acceptance of plaintiff was counter offer not acceptance .the original offer is cancelled due to counter offer .

3.hyde versus Ranchi

Respondent wanted to sell his land at 1000 pond .acceptor wanted to buy his land at 950 pond through his acceptance letter .proposer denied this acceptance .after that plaintiff had agreed to buy that lant at 1000pond .it is decided that no contract had been raised . because original contract had been cancelled due to counter offer .

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Section 8 ----acceptance by performing condition or receiving consideration ----

Performance of the condition 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 

Landmark case 

Hindustan cooperative society versus shayam sunder 

In this case half proceedings had been completed.innsurance company had informed to proposer that you should send proposal with installment of six month.he did so. The insurance company had encashed these checks but it had forgotten to inform him . To encash these checks are symbol of his acceptance.

2.in this case proposer had contacted that if  map of this land had been passed ,he would buy this land and take on lease.if acceptor had done this work .then automatically acceptance had been done without information .

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Section 9 ----promises ,express and implied ----in so far as the proposal or acceptance of any promise is said to be express.in so far as such proposal or acceptance is made otherwise than in words the promise is said to be implied.

Upton rural district council versus pawel 

There fire had been broken out in the field of respondent .he had trust that he had right on services of fire brigade without money .after put out fire it was realised that services services was not free .so in this situation implied contract had been made between two parties without any express contract .

Case no.2

In this case a port tribunal had promised to a ship company to give some facilities .the  ship company wanted to move their ships under this facilities .but after some time Port tribunal had refused to give these facilities .ship company had filed a suit to get these facilities .

Decision -----the court had found that impiled contract had been made between ship company and  port tribunal .so port tribunal was bound to give these facilities .

Example no.3

In this case some goods were to be supplied to the government .but it was not cleared that on which date these good were supplied .there was no implied contract that good were to be given on the 1 day of month