What Is Revocation Of Acceptance In England | Revocation Of Acceptance Full Details

 What Is Revocation Of Acceptance In England | Revocation Of Acceptance Full Details 

So hi what's up guys to I discuss a new topic but this topic is very important. Because all you know this things is revocation of acceptance. So don't warry I will provide very easy and simple way to the process. And I use the normal and language because you understand it's my first priority. So let's start.....

Revocation Of Acceptance:

     According to English law, once the letter of acceptance is posted, it binds both the parties and there appears to be no scope of revocation of acceptance by sending a telegram or through a phone call. Although there is no english case on the point but the authorities on the subject are of the view that the posting of the letter of acceptance creates a contract binding on both the parties, and the letter of acceptance once posted cannot be revoked. The reason for this position is that if the acceptor is allowed to withdraw his acceptance, he will have the best of both the world's, having a choice to make the offeror liable by relying on his acceptance, and also having and option to withdraw his acceptance by telegram or telephone call. On this point, Anson has observed as under:

      "Since the acceptance is complete as soon as the letter of acceptance is posted, a telephone call or telegram revoking the acceptance would be inoperative, though it reached the offeror before the letter. This, it is argued, is both the logical and fair conclusion; otherwise the offeree could blow both hot and cold, having the benefit of certainty in his postal acceptance, and the opportunity to revoke it if it turned out suddenly to be to his disadvantage."

        In india, as it has been noted above, th position is different. Indian law permits revocation of acceptance after the letter of acceptance has been posted.

      2ND STANDARD FORM CONTRACTS

Due to enormous increase in the volume and complexities of trade and business, a business concern may have to enter into a large number of contracts with its customers or clients. When a large number of contracts have got to be entered into by a person, from a practical point of view and for the sake of convenience, a standard form for the numerous contracts may be used. The contacts with standards terms may be drafted by one party on the same terms contacts may be made with numerous persons. For instance, an insurance company may prepare a draft of insurance policy, which may form the basis of contact with a large number of insured persons. Similarly, the railway authorities may print various terms and conditions in the Time Table, which may deemed to be the basis of the contract with thousands of passengers who may be travelling by rail everyday. In the same way, the same terms and conditions may be printed on the back of every receipt issued by a dry-cleaner, or every lottery ticket sold by any particular person or institution. The contact in such a case is not made by the process of negotiation, as regards it's terms and conditions, between the two parties. One of the parties generally prepares draft of the contract, which the other party is enabled or made to, or sometimes even deemed to, agree to such contacts have become quite common in our everyday life.

     

            When the terms of the contract are prepared beforehand by one of the parties and the other party does not have much say in the matter, and he, therefore, enters into the contact with those pre-draft terms, the question which may, in such a case arise is as to how far such a contract is valid and binding. There is no legal bar on such contact being entered into. If the contact bas been properly entered into with the free consent of both the parties, there is full understanding of the terms of the contract, and there is no attempt on the part of the one party to take an undue advantage at the cost of the other, there would arise a valid contact.

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