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Essentials Of A Valid Acceptance

Must be absolute and unqualified:
In order to be binding, there must be an unqualified acceptance to all the terms of the offer, whether material or immaterial, major or minor. If the parties are not ad idem on all the matters concerning the offer can acceptance, there is no contract. The proposal, therefore, must be accepted into.


Must be communicated to the offeror:
The communication of acceptance may be express or implied. A mere resolve or mental determination on the part of the offeree to accept an offer, when there is no external manifestation of the intention to do so, is not sufficient. A communication to any other person is as ineffectual as if no communication has been made.

Must be according to the mode prescribed:

The offer must be accepted according to the mode prescribed and if no mode is prescribed in some usual and reasonable manner. If the acceptance is not according to the mode prescribed, the offeror may intimate to the offeree within a reasonable time that the acceptance is not according to the mode prescribed and may insist that the offer must be accepted in the prescribed mode only. If he does not inform the offeree, he is deemed to have accepted the acceptance.


  • Acceptance must be gives within a specified time; if time is not mentioned then it should be given within a reasonable time.
  • Acceptance cannot precede an offer.
  • It must show an intention on the part of the acceptor to fulfill the terms of the promise.
  • Acceptance must be only by the party or parties to whom the offer is made.
  • Acceptance must be made before the offer lapses or before the offer is withdrawn.
  • Silence cannot be the mode of acceptance.
  • Acceptance may be expressed or implied.

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