ACCEPTANCEA
proposal, when accepted, results in an agreement. It is only after the acceptance of the proposal thata contract between the two parties can arise.
According to sec. 2(b): "When the person to whom the proposal is made signifies his assent thereto, theproposal is said to be accepted. A proposal, when accepted, becomes a promise."
The person making the proposal does not become bound thereby until acceptance. As soon as hisproposal is accepted that is known as promise whereby both the parties become bound.
EXPRESS AND IMPLIED PROMISE -- [Sec. 9.]
When the proposal or acceptance is made in words, the promise is said to be express. When theproposal or acceptance is made otherwise than in words, the promise is said to be implied.
EFFECT OF ACCEPTANCE
A contract is created only after an offer is accepted. Before the acceptance is made neither party is bound thereby. At that stage the offeror is free to revoke or withdraw his offer, and the offeree is free not toaccept the offer or to reject the same.
After the offer has been accepted, it becomes a promise which, if other conditions of a valid contract aresatisfied, binds both the parties to the promise. After acceptance, each party becomes legally bound by the promise made by him through the medium of offer and acceptance of it.
EXPLANATION OF EFFECT BY ANSON
The effect of acceptance of an offer has been explained by Anson in his book Anson's Law of Contract,23rd Ed. in the following words:
"Acceptance is to an offer what a lighted match is to a train of gunpowder. It produces something which cannot be recalled or undone. But the powder may have lain until it has become damp, or theman who laid the train may remove it before the match is applied.
So, an offer may lapse for want of acceptance or be revoked before acceptance. Also, the offeree may decide to reject the offer. Until an offer is accepted, it creates no legal rights, and it may be terminatedat any time.
"Just as when the lighted match comes in contact with gunpowder, there would be an explosion and thenit will not be possible to bring the things back to the original position, similarly, after the offer is accepted, it creates a contract whereby both the parties become bound and none of them can go back.
What happens after explosion or after acceptance cannot be undone?
There is a possibility that in course of time the powder may have become damp or the train of gunpowdermay have been removed, and in that event the damp powder or the one which has been removed, will not create any explosion.
In the same way, the offer lapses if the same is not accepted within the prescribed time, or, if no time is prescribed, by remaining unaccepted until the expiry of the reasonable time, or else the offer could be revoked by notice of revocation by the offeree. [See Sec. 6.]
Once the offer lapses or is revoked, it is incapable of being converted into a contract by being accepted.
