A letter of acceptance sent by post is lost in transit. LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.a)There is a concluded contract as the letter of acceptance is put in the course of transmissionb)There is no concluded contract as the acceptance has not come to the knowledge of the proposerc)All the choicesd)There is no concluded contract as the acceptance has not been communicated to the proposerCorrect answer is option 'A'. Can you explain this answer?

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A letter of acceptance sent by post is lost in transit.

LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

a)
There is a concluded contract as the letter of acceptance is put in the course of transmission
b)
There is no concluded contract as the acceptance has not come to the knowledge of the proposer
c)
All the choices
d)
There is no concluded contract as the acceptance has not been communicated to the proposer

Correct answer is option 'A'. Can you explain this answer?

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A letter of acceptance sent by post is lost in transit. LawMint note ...

There is a concluded contract as the letter of acceptance is put in the course of transmission

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A letter of acceptance sent by post is lost in transit. LawMint note ...

The question is related to the formation of a contract and the communication of acceptance.

Explanation:

- The Indian Contract Act, 1872 governs the formation and enforcement of contracts in India.
- Section 2(h) of the Act defines a contract as an agreement enforceable by law.
- For an agreement to become a contract, certain essential elements must be present, such as offer, acceptance, consideration, and intention to create legal relations.
- Acceptance is the second essential element of a contract, and it must be communicated to the offeror.
- As per Section 4 of the Act, the communication of acceptance is complete when it is put in a course of transmission to the offeror so as to be out of the power of the acceptor.
- In other words, once the acceptance is sent, it is deemed to be complete, even if it is lost or delayed in transit.
- Therefore, in this case, if the letter of acceptance was sent by post, and it was lost in transit, it would not affect the formation of a contract.
- The offeror would still be bound by the terms of the agreement as long as the acceptance was properly addressed and posted.

Conclusion:

- Based on the above explanation, the correct answer to the question is option 'A.'
- There is a concluded contract as the letter of acceptance is put in the course of transmission.

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Section 4 of the Indian Contract Act, 1872 reads as follows: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 so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.Thus, the provision makes no difference in the position of the offeror. The offeror becomes bound when a properly addressed and adequately stamped letter of acceptance is posted. The acceptor does not become bound by merely posting his acceptance. He becomes bound only when his acceptance comes to the knowledge of the proposer. The contract is concluded at the place from where the proposal is accepted and communication of acceptance is dispatched, i.e., the address at which the proposal was sent. The court at that place would have jurisdiction to entertain a cause of action under the contract. This rule, that the communication of an acceptance is complete as against the proposer when the letter is posted, is probably intended to apply only when the parties are at a distance and they communicate by post. “Where, however, the parties are in each other’s presence or, though separated in space”, they are in direct communication, as, for example, by telephone, no contract will arise until the offeror receives the notification of acceptance.Q.‘S’ wanted to purchase shares of a company and communicated his offer to buy shares on March 1, 2021. A letter of allotment of shares addressed to ‘S’, which is an acceptance of the offer to purchase shares, was posted by the company on March 10, 2021, but the letter never reached ‘S’ and was lost in transit. In the given situation, which of the following statements is true?

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Section 4 of the Indian Contract Act, 1872 reads as follows: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 so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.Thus, the provision makes no difference in the position of the offeror. The offeror becomes bound when a properly addressed and adequately stamped letter of acceptance is posted. The acceptor does not become bound by merely posting his acceptance. He becomes bound only when his acceptance comes to the knowledge of the proposer. The contract is concluded at the place from where the proposal is accepted and communication of acceptance is dispatched, i.e., the address at which the proposal was sent. The court at that place would have jurisdiction to entertain a cause of action under the contract. This rule, that the communication of an acceptance is complete as against the proposer when the letter is posted, is probably intended to apply only when the parties are at a distance and they communicate by post. “Where, however, the parties are in each other’s presence or, though separated in space”, they are in direct communication, as, for example, by telephone, no contract will arise until the offeror receives the notification of acceptance.Q.‘A’, who is in Mumbai, makes an offer for supply of goods to ‘B’, who is in Delhi, via a mobile phone call. During the same call, A’s offer is absolutely and unconditionally accepted by ‘B’. According to the terms agreed between ‘A’ and ‘B’, goods are to be supplied at Pune and payment is to be made electronically. In the given situation, where is the contract concluded?

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Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles:1. When one person signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer.2. The communication of the offer is complete when it comes to the knowledge of the person to whom it is made.3. Communication of acceptance is complete when it is put in the course of transmission to him as to be out of the power of the acceptor to withdraw the same and when it comes to the knowledge of the proposer.4. In case of the proposer, the communication of the acceptance is complete when he puts such acceptance in the course of transmission.5. The communication in case of the acceptor is complete when the proposer acquires knowledge of such acceptance.6. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards.Facts: G offered to sell the L fleeces of wool for a certain price. G requested that the response be made by post. This letter was misdirected by G so that it was not received for 3 days after it was sent. L decided to accept the offer and responded on the same day. This was posted on the 5th July but not received until the 9th July. However, G decided on the 8th July that as he had not received a response so decided to sell the wool to someone else. But L argued that a contract had been created as he had accepted their offer.Decide.

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Direction: Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.Legal Principles: When one person signify to another person his willingness to do or not do something (abstain) with a view to obtain the assent of such person to such an act or abstinence, he is said to make a proposal or an offer. The communication of the offer is complete when it comes to the knowledge of the person to whom it is made. Communication of acceptance is complete when it is put in the course of transmission to him as to be out of the power of the acceptor to withdraw the same and when it comes to the knowledge of the proposer. In case of the proposer, the communication of the acceptance is complete when he puts such acceptance in the course of transmission. The communication in case of the acceptor is complete when the proposer acquires knowledge of such acceptance. An offer may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Facts: G offered to sell the L fleeces of wool for a certain price. G requested that the response be made by post. This letter was misdirected by G so that it was not received for 3 days after it was sent. L decided to accept the offer and responded on the same day. This was posted on the 5th July but not received until the 9th July. However, G decided on the 8th July that as he had not received a response so decided to sell the wool to someone else. But L argued that a contract had been created as he had accepted their offer. Decide.

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Principle: The communication of proposals, their acceptance and revocation are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal acceptance or revocation, or which has the effect of communicating it.Explanation – The communication of an acceptance is complete, as against the proposer, when it is put in a course of transmission to him, so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.Facts – The only daughter of Mrs Aggarwal went missing. She put a notice in the newspaper stating a reward for anyone who could find her. The reward was RS 40000. Ms Shivani Bagul was a long-time friend of Mrs Aggarwal. She came to know of the reward but due to her bond with Mrs Aggarwal, she set out to search for the missing girl. She found Mrs Aggarwal’s daughter Shweta and returned her to her mother. Is Shivani entitled to the reward?

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A letter of acceptance sent by post is lost in transit. LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.a)There is a concluded contract as the letter of acceptance is put in the course of transmissionb)There is no concluded contract as the acceptance has not come to the knowledge of the proposerc)All the choicesd)There is no concluded contract as the acceptance has not been communicated to the proposerCorrect answer is option 'A'. Can you explain this answer?

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A letter of acceptance sent by post is lost in transit. LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.a)There is a concluded contract as the letter of acceptance is put in the course of transmissionb)There is no concluded contract as the acceptance has not come to the knowledge of the proposerc)All the choicesd)There is no concluded contract as the acceptance has not been communicated to the proposerCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about A letter of acceptance sent by post is lost in transit. LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.a)There is a concluded contract as the letter of acceptance is put in the course of transmissionb)There is no concluded contract as the acceptance has not come to the knowledge of the proposerc)All the choicesd)There is no concluded contract as the acceptance has not been communicated to the proposerCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for A letter of acceptance sent by post is lost in transit. LawMint note : Students may ignore this question. Though the question is tagged with the choice provided in the official answer key, the question is incomplete, does not provide proper context. As per Sec 4 of the Indian Contract Act - The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.a)There is a concluded contract as the letter of acceptance is put in the course of transmissionb)There is no concluded contract as the acceptance has not come to the knowledge of the proposerc)All the choicesd)There is no concluded contract as the acceptance has not been communicated to the proposerCorrect answer is option 'A'. Can you explain this answer?.

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