THE CONTRACT ACT, 1872
PRELIMINARY. CHAPTER I. CHAPTER II. CHAPTER III. CHAPTER IV. CHAPTER V. CHAPTER VI. CHAPTER VII. CHAPTER VIII. CHAPTER IX. CHAPTER X. CHAPTER XI. SCHEDULE. Of The Communication, Acceptance And Revocation Of Proposals. Of The Contracts, Voidable Contracts Ad Void Agreements. Of Contingent Contracts. Of The Performance Of Contracts. Of Certain Relations Resembling Those Created By Contract. Of The Consequences Of Breach Of Contracts. Sale Of Goods. Of Indemnity And Gurantee. Of Bailment. Agency. Of Partnership.
CHAPTER I OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
CHAPTER I OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS 3. Communication, acceptance and revocation of proposals. The communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, 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. COMMENTS What is communication?---As the words of this section stand it would seem that some sort of communication of a proposal, etc., is made by an act which is intended to communicate it, but in fact has not that effect, and that such an inchoate communication fails to have legal effect only because the specific provisions of S. 4 prevent it from being complete. It would seem both simpler and more rational to say that an act intended to communicate a proposal, etc., but failing to do so, is not a communication at all. To get this sense from the section before us we should have to read "and" for "or" in the last clause. There are not any corresponding words in the Commissioners’ draft. It is matter of the commonest experience that the communication of... [continues]
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