Question 1 (a)

Communication and revocation (sections 4 and 5)

6.25 marks

Time to write
About 12 minutes

From an older CBCS paper

Question

Question 1 (a) · 6.25 marks

Under Section 4 and Section 5 of the Indian Contract Act, Discuss the law on the communication of offer, acceptance and revocation.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6.2 marks

Read from the question

  • Section 4The section is named: open with what it says, then explain or apply it.

What the paper leaves open

The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks. Marked as one question of 18.75 marks; answered here in 3 parts of 6.25 marks each (marks inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Communication (section 4) 3 marks 5 min
  3. 2 Revocation (section 5) 3.2 marks 5 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6.25 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Communication (section 4):

  1. “The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made” (s. 4).
  2. “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” (s. 4).
  3. “The communication of a revocation is complete, as against the person who makes it, when it is put” (s. 4) in a course of transmission so as to be out of his power; “as against the person to whom it is made, when it comes to his knowledge”. Example: A proposes by letter to sell a house to B; the proposal is communicated when B receives the letter. B accepts by a letter sent by post: the acceptance is complete as against A when the letter is posted, and as against B when A receives it.

Revocation (section 5). “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” its communication is complete as against the acceptor, but not afterwards. So A may revoke before or at the moment B posts his acceptance; B may revoke before or at the moment his letter reaches A. A proposal is revoked by notice, by lapse of the time prescribed or a reasonable time, by failure of a condition precedent, or by the proposer's death or insanity known to the acceptor before acceptance (s. 6).

Where the 6.25 marks sit

#ComponentMarks
1Communication (section 4)3
2Revocation (section 5)3.25
Total6.25
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