COMMUNICATION OF OFFER NECESSARY

An offer when accepted results in a contract. An offer can be accepted only after the same has come to the knowledge of the offeree. It means that the offer has to be communicated to the offeree in order that the offeree can accept it.

According to sec. 4, 'The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made."

If an offer has not yet been communicated, even if somebody acts according to the terms of the offer, he cannot be    deemed to be the acceptor of that offer. Acting in ignorance of an offer does not amount to the acceptance of the same.s

LALMAN SHUKLA V. GAURI DUTT. (1913) 11 All. L.J. 489.]

In this case the defendant's nephew absconded from home. The plaintiff, who was defendant's servant, was sent to search for the missing boy. After the plaintiff had left in search of the boy, the defendant issued handbills announcing a reward of Rs. 501 to anyone who might find out the boy.

The plaintiff, who was ignorant of this reward, was successful in searching the boy. When he came to know of the reward, which had been announced in his absence, he brought an action against the defendant to claim this reward.

It was held that since the plaintiff was ignorant of the offer of reward, his act of bringing the lost boy did not amount to the acceptance of the offer, and, therefore, he was not entitled to claim the reward.

If a person has the knowledge of the offer, his acting in accordance with the terms thereof amounts to the acceptance of the same. In such a case, it is immaterial that at the time of accepting the offer, the acceptor does not intend to claim the reward mentioned in the offer.

WILLIAMS V. CARWARDINE, (1833) 4 B. & Ad. 621.]

In the plaintiff, who knew that reward had been announced to be given to anyone who gave information leading to the conviction of an assailant for murder, gave the necessary information. While giving the information, the plaintiff mentioned that she had given the information 'to ease her conscience.'

At that time, she did not intend to claim the reward. She, however, subsequently brought an action to claim the same.

It was held that since the offer had been accepted with its knowledge, there was a valid contract and, therefore, she was entitled to claim the reward.