Acceptance must be absolute, unqualified and cannot be conditional -SC
DECSION DATE – JANUARY 05, 2021
Supreme Court Obsereved that Section 7 – Contract Act – acceptance – must be absolute – unqualified – cannot be conditional. However, on a reading of the letter of acceptance, the Appellant’s argument that the deposit of security was intended to make a substantial variation in the contract, was misinterpreted by the Court.
Both the Trial Court and the High Court over-looked the main point that, in the response to the tender floated by the Respondent-Port Trust, the Appellant had submitted its offer conditionally subject to inspection. This condition was not accepted unconditionally. It could not, therefore, be said that there was a concluded contract.
Padia Timber Company
Versus
The Board of Trustees of Visakhapatnam
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