Advertisement Remove all ads

Principle: Acceptance of a Proposal Must Be Absolute and Unqualified. - Legal Reasoning

Advertisement Remove all ads
Advertisement Remove all ads
Advertisement Remove all ads

The principle is to be applied to the given facts and to choose the most appropriate option:

Principle: Acceptance of a proposal must be absolute and unqualified.

Facts: ‘A’ made a proposal to sell his motorcycle to ‘B’ for rupees 25, 000/­. ‘B’ agreed to buy it for rupees 24,000/­. ‘A’ sold his motorcycle to ‘C’ for 26,000/­ the next day. ‘B’ sues ‘A’ for damages.


  • ‘B’ will get the difference of rupees 1,000/­ only.

  • ‘B’ will not get any damages from ‘A’.

  • ‘B’ will get damages from ‘A’

  • ‘B’ can proceed against ‘C’

Advertisement Remove all ads


‘B’ will not get any damages from ‘A’.


According to Section 7 of the Contract Act, the acceptance must be absolute and unqualified. It must correspond with all the terms of the offer. Conditional acceptance is not an acceptance. In case of a variation in terms of acceptance, there is no acceptance but a counteroffer, which the proposer is free to accept or refuse. A counteroffer destroys the original  offer. Thus, the offerer cannot revert to the original offer and purport to accept it. (Trollope & Colls Ltd. v  Atomic Power Construction ltd (1963)).   
In the given problem, 'A' is the offerer and 'B' makes a  counteroffer to 'A'. 'B' agrees to buy the motorbike from 'A' which is a new offer from B which was not accepted by 'A'. On selling the motorbike to 'C', 'A'  does not violate a contract and thus, 'B' cannot sue 'A'  for damages.   

Concept: Law of Torts (Entrance Exams)
  Is there an error in this question or solution?
Advertisement Remove all ads

View all notifications

      Forgot password?
View in app×