Question Details

Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.

PRINCIPLE: Acceptance should be made while the offer is still subsisting. The offeror is free to retract his offer at any time before his offer gets accepted by the offeree. Once the offer is withdrawn or is lapsed, it is not open to be accepted so as to give rise to a contract. Similarly, if a time is prescribed within which the offer is to be accepted, then, the offer must be accepted within the prescribed time. And, if no time is prescribed, then, the acceptance must be made within a reasonable time. 'What is a reasonable time', is a question of fact which is to be determined by taking into account all the relevant facts and surrounding circumstances.

FACTS: 'X' makes an offer to 'Y' to sell his equipment for Rs. 1,000.00. No time is specified for the acceptance. 'Y' sends his reply two years after receiving the offer.

Which of the following derivations is CORRECT?

Options

A

There arises a contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1,000.00

B

There does not arise any contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1,000.00

C

'X' is bound by his offer, and hence, cannot reject the acceptance made by 'Y'

D

There arises a promise by 'Y' to buy the equipment.

Show Answer

Correct Answer :

Option B

There does not arise any contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1,000.00

Solution :

Correct Answer: There does not arise any contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1,000.00


Step-by-Step Explanation:


1. Understanding the Legal Principle:
The given principle explicitly states that:
- Acceptance of an offer must be made while the offer is still subsisting.
- If no specific time frame is prescribed for accepting the offer, the acceptance must be communicated within a reasonable time.
- What constitutes a 'reasonable time' depends on the facts, nature of the transaction, and surrounding circumstances.
- Once an offer lapses (because it was not accepted within a reasonable time), it can no longer be accepted to create a valid, legally binding contract.


2. Analyzing the Facts:
- 'X' offered to sell equipment to 'Y' for Rs. 1,000.00 without specifying a deadline for acceptance.
- 'Y' responded to accept the offer two years after receiving it.
- Waiting two years to reply to an ordinary commercial offer for equipment far exceeds any standard notion of a "reasonable time".


3. Conclusion:
Because 'Y' failed to convey acceptance within a reasonable time, 'X's offer had already lapsed. As a result, 'Y's delayed acceptance cannot form a valid contract. Therefore, there does not arise any contract between 'X' and 'Y' to sell/buy the equipment in question for Rs. 1,000.00.

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