Question Details

Section 4 of the Indian Contract Act, 1872 reads as follows: Communication when complete - The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. The communication of an acceptance is complete, - as against the proposer, when it is put in a course of transmission to him so as to be out of the power of the acceptor; as against the acceptor, when it comes to the knowledge of the proposer.

Thus, the provision makes no difference in the position of the offeror. The offeror becomes bound when a properly addressed and adequately stamped letter of acceptance is posted. The acceptor does not become bound by merely posting his acceptance. He becomes bound only when his acceptance comes to the knowledge of the proposer. The contract is concluded at the place from where the proposal is accepted and communication of acceptance is dispatched, i.e., the address at which the proposal was sent. The court at that place would have jurisdiction to entertain a cause of action under the contract. This rule, that the communication of an acceptance is complete as against the proposer when the letter is posted, is probably intended to apply only when the parties are at a distance and they communicate by post. “Where, however, the parties are in each other’s presence or, though separated in space”, they are in direct communication, as, for example, by telephone, no contract will arise until the offeror receives the notification of acceptance.


“When the words of acceptance are spoken into the telephone, they are put into the course of transmission to the offerer so as to be beyond the power of the acceptor. The acceptor cannot recall them.” In light of the given proposition, which of the following statements is/are true?
I. The communication being instantaneous, the contract immediately arises.
II. The communication being instantaneous, the communication of acceptance is immediately complete as against the proposer as well as the acceptor.
III. The communication being non-instantaneous, the communication of acceptance is complete as against the acceptor when the words of acceptance are spoken into the telephone.
IV. The communication being non-instantaneous, the communication of acceptance is complete as against the proposer when the words of acceptance are spoken into the telephone.

Options

A

Only I

B

I and II

C

III and IV

D

Only II

Show Answer

Correct Answer :

Option B

I and II

Solution :

The correct answer is I and II.


Step-by-Step Explanation:


1. Understanding the Legal Principles from the Passage:

According to Section 4 of the Indian Contract Act, 1872 as described in the passage:

Postal Rule (Parties at a distance): The communication of acceptance is complete as against the proposer when it is posted (put into a course of transmission). It is complete against the acceptor when it comes to the knowledge of the proposer.

Instantaneous Communication (Telephone/Face-to-Face): When parties communicate instantaneously (e.g., via telephone), the contract is formed only when the offeror/proposer actually receives the notification of acceptance.


2. Analyzing the Statements:

Statement I: "The communication being instantaneous, the contract immediately arises."
Since telephone conversation is an instantaneous form of communication, the moment the words of acceptance are spoken and heard/received by the proposer, the contract arises immediately. Hence, Statement I is true.

Statement II: "The communication being instantaneous, the communication of acceptance is immediately complete as against the proposer as well as the acceptor."
In instantaneous communication, there is no time lag between the transmission and receipt of the message. Therefore, the communication of acceptance becomes complete simultaneously (immediately) against both the proposer and the acceptor upon hearing the words of acceptance. Hence, Statement II is true.

Statements III and IV: Both statements incorrectly classify telephone communication as "non-instantaneous," which is wrong based on the given legal context.


Conclusion:

Both statements I and II are true, making I and II the correct option.

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