Question

Dany is an international trader in computer. In June 2018 he wrote a proposal to his most frequent client, Alan, saying that he was offering to sell 100 motorbikes, XYZ brand, latest version for US$1000/a motorbike. The detail description of a motorbike was in the Exhibit A attached with the contract.Alan immediately responded that he accepted the proposal, but he was only willing to receive the good in a safe and sound condition. Decide what are the legal nature of Dany's proposal and Alan’s reply?

Answer 1

Answer:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

Explanation:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance