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Section 5 -The Indian Contract Act, 1872

The Indian Contract Act, 1872

 

5. Revocation of Proposals and acceptance 

 

A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards.

 

An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but no afterwards.

 

Illustrations

 

A proposes, by a letter sent by post, to sell his house to B.

 

B accepts the proposal by a letter sent by post.

 

A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards.

 

B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not afterwards.

 

COMMENTS

Revocation

Where an offer gives the offerer an option to accept within a fixed period, it may be withdrawn even before the expiry of that period unless there is some consideration for keeping it open; Airfred Schonlank v. Muthurayna Chetty, (1892) 2 Mad LJ 57.

 

 

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The Indian Contract Act, 1872

 

 

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