Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract – Offer and acceptance of offer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract – Offer and acceptance of offer – Whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor – Held: It is a cardinal principle of the law of contract that the offer and acceptance of an offer must be absolute – When the acceptor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the proposer accepts that condition – An acceptance with a variation is no acceptance – It is, in effect and substance, simply a counter proposal which must be accepted fully by the original proposer, before a contract is made – High Court overlooked s.7 of the Contract Act – 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 being held at the Depot of the Appellant – This condition was not accepted by the Respondent-Port Trust unconditionally – Respondent-Port Trust agreed to inspection at the Depot of the Appellant, but imposed a further condition that the goods would be finally inspected at the showroom of the Respondent-Port Trust – This condition was not accepted by the Appellant – It could not, therefore, be said that there was a concluded contract – There being no concluded contract, there could be no question of any breach on the part of the Appellant or of damages or any risk purchase at the cost of the Appellant – Contract Act, 1872 – s.7. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2021 INSC 5 |
Petitioner | M/s. Padia Timber Company (p) Ltd. |
Respondent | The Board Of Trustees Of Visakhapatnam Port Trust Through Its Secretary |
SCR | [2021] 1 S.C.R. 229 |
Judgement Date | 2021-01-05 |
Case Number | 7469 |
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