Once the offer is submitted and accepted, the two parties are bound by the agreement and not before. If the proposal or adoption is made in a different way than the words, the promise is considered implicit. [iv] Acceptance must have the effect of communication, even if it is implicit. [v] Acceptance can also be made in written or spoken words. The most important thing in both cases is that the acceptance must be communicated to the bidder either by the bidder or by a duly accredited representative on its behalf. Compliance with the terms of the proposal is also the adoption of the proposal. [vi] In certain circumstances, the Offeree`s silence, as well as its behaviour, also boils down to acceptance. This is called the sub silentio chord. SUB SILENTIO. Silently, without any notes being taken. Sometimes handing over a thing is proof of sub silentio approval. See silence.
The term «express contract» was not defined in the Indian Contract Act. However, the term «express contract» refers to agreements in which the terms are expressly specified orally or in writing by the parties. These are actually the normal treaties that we encounter in everyday life. In this type of use of the contract, the use of «words» is mandatory. Example – rental agreement. Handing over a sub silentio thing can be proof of consent. If an offer is accepted, it results in an agreement. No contract can be entered into between two parties without acceptance of the offer. Here is the definition of adoption under the Indian Contract Act, 1872 [iii] – «If the person to whom the proposal is made means consent, it is said that the proposal will be accepted.
A proposal, if accepted, becomes a promise. Under the Indian Contract Act of 1872, a contract is a legally applicable agreement. [i] So, contract – an agreement – is by law. The formation of the contract itself may be explicit or implicit. Offer and receipt are two essential conditions for drafting contracts. An offer at an auction is an unspoken offer. Or when a bus company operates buses on a given line, inviting passengers to rates provided on the line. The company`s offer is an unspoken offer. «If one party signals to another his willingness to do or refrain from doing anything to obtain the consent of the other to such an act or abstinence, he is told to make a proposal.» Responsibility of a person who receives benefits by mistake or coercion. [xi] .
This is the very first step to a contract. The term «proposal» in Indian law refers to the term «supply» used in English law. The definition makes it clear that the intention must be to obtain the other party`s opinion, otherwise it cannot be characterized as a valid offer. For example, A wants to sell its TV to B for Rs/-10000 and if B wants to buy the same thing, it works on A`s proposal for the sale of the TV. This intention to obtain the agreement of the other party may be implicit or explicit. The law defines how the proposal can be communicated. (ii) Section 3 specifies that «notification of proposals, acceptance of proposals or revocation of proposals or assumptions are made by an act or omission of the party proposing, accepting or revoking, by which it intends to communicate this proposal, acceptance or revocation or disclosure of such a decision.» The definition therefore makes it clear that an offer can be transmitted by the supplier by any act or omission by which the supplier – 1 – can be transmitted.