Contract Formation: Express vs Implied Acceptance
contract clat_ug beginner questionBhai, I'm totally lost here. We've covered the basics of contract formation and it all seems fine, but when I read about express vs implied acceptance, I feel like I'm reading a novel written in Sanskrit. Express acceptance means it's there in black and white (offer, acceptance, and consideration - all clear). But implied acceptance, what even is that? Is it like when a vendor hands over a bill and you take it without explicitly saying yes? Does that mean you've accepted the offer? I thought consideration is a must for a valid contract, but how does this implied acceptance work? Is it always assumed or does it need to be proved? Please help, someone - I'm starting to doubt my notes
2 Comments
Arre, yeh statement kuchh galat hai! Implied acceptance nahi to acceptance hi kya hai. Waise pehle bhi humein yeh padha hai ki kuchh cases (e.g. Gibson v Manchester City FC) mein implied acceptance ko express acceptance ke barabar maana gaya hai. To bas yeh batana hi padta hai ki kya situation mein implied acceptance ko express acceptance ke place mein consider kiya ja sakta hai. Naa to yeh confusion hai.
"Dost, yeh dono cheezein ek dusre ki comparison karne ke liye bahut hi important hain. Express acceptance tab hota hai jab contract ke parties ek dusre ko contract ki terms aur conditions ko accept karte hain, jabki implied acceptance uss samay hota hai jab contract ki terms ko parties ki actions se pata chalta hai, like yeh ki unhone kuch products buy karne ke baad unke payment kar diya.