If the letter of acceptance is delayed or lost, following is the effect:
1. Position of Offeror:
When the letter of acceptance is posted, the offeror is bound by that acceptance. The contract is valid even if the letter of acceptance is delayed or lost. In order to bind the offeror, the letter must be stamped, correctly addressed and properly posted. If wrong address is given by the offeror himself, he will be bound by the acceptance.
2. Position of Acceptance
The acceptor is not bound by the letter of acceptance till it reaches the offeror. Until the letters of acceptance reaches the offeror, the contract remains voidable at the option of acceptor. He may enforce the contract or revoke his acceptance before the letter reaches the offeror.
3. Accidental Formation of Contract:
When both the letter of acceptance and letter of revocation of acceptance are reaceived at the same time by the offeror; the formation of a contract depends upon chance. If the offeror fist reads the letters of acceptance, a contract will arise. But if offeror first reads the letter of revocation, there will be no contract.
4. Contract over Telephone (or Mobile):
In case of contract over telephone, there is immediate communication of offer, acceptance and revocation. The rules which apply to contracts made when parties are face to face with each other, also apply to contracts made over telephone. If acceptance is not communicated to the offeror due to a fault in the telephone, there will be no contract.
The offeree must make it sure that his acceptance is received, heard and understood by the offeror; otherwise there is no contract. In case of a contract over telephone the question of revocation does not arise because an offer is made and accepted at the same time.
1. Position of Offeror:
When the letter of acceptance is posted, the offeror is bound by that acceptance. The contract is valid even if the letter of acceptance is delayed or lost. In order to bind the offeror, the letter must be stamped, correctly addressed and properly posted. If wrong address is given by the offeror himself, he will be bound by the acceptance.
2. Position of Acceptance
The acceptor is not bound by the letter of acceptance till it reaches the offeror. Until the letters of acceptance reaches the offeror, the contract remains voidable at the option of acceptor. He may enforce the contract or revoke his acceptance before the letter reaches the offeror.
3. Accidental Formation of Contract:
When both the letter of acceptance and letter of revocation of acceptance are reaceived at the same time by the offeror; the formation of a contract depends upon chance. If the offeror fist reads the letters of acceptance, a contract will arise. But if offeror first reads the letter of revocation, there will be no contract.
4. Contract over Telephone (or Mobile):
In case of contract over telephone, there is immediate communication of offer, acceptance and revocation. The rules which apply to contracts made when parties are face to face with each other, also apply to contracts made over telephone. If acceptance is not communicated to the offeror due to a fault in the telephone, there will be no contract.
The offeree must make it sure that his acceptance is received, heard and understood by the offeror; otherwise there is no contract. In case of a contract over telephone the question of revocation does not arise because an offer is made and accepted at the same time.