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Conditional Acceptance


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Project Work on Law of Contract
On
Conditional Acceptance

Submitted To:-
Dr. Vijay Kumar Bimal
Faculty of Law of Contract


Submitted By: -
ANKIT ANAND
Roll No. 916
1st Year B.A. LL.B. (Hons)

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ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep regards to my guide
Dr. Vijay Kumar Bimal for his exemplary guidance, monitoring and constant
encouragement throughout the course of this research. The blessing, help and guidance given
by him time to time shall carry me a long way in the journey of life on which I am about to
embark.
I also take this opportunity to express a deep sense of gratitude to Dr.Vijay Kumar Bimal for
providing me this research topic and for her cordial support, valuable information and
guidance, which helped me in completing this task through various stages.
Lastly, I thank almighty, my parents, brother and friends for their constant encouragement
without which this assignment would not be possible.













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TABLE OF CONTENTS

Introduction......................................................................................................5
Aims and Objectives...........................................................................................5
Hypothesis........................................................................................................5
Research Methodology......................................................................................5
Introduction (Including Definition of Acceptence and counter offer)...........................6
Test of Acceptance..............................................................................................9
Essentials of Valid Acceptance..............................................................................9
Types of Acceptance................................................................................................10
Conditional Acceptance.........................................................................................11
How to do a Conditional Acceptance........................................................................12
Case Law..............................................................................................................12
Hyde v. Wrench......................................................................................................16
Normile v. Miller.............................................................................................16-18
Stevenson Jaques & Co. v McLean...................................................................19-20
Conclusion......................................................................................................20
Bibliography...........................................................................................................21-22








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Introduction:-
A type of acceptance that requires modification(s) of the conditions before the final
acceptance is made. For example, a contract that needs to be accepted from two parties may
be adjusted or modified so that it fits both parties satisfactions. A person has been made an
offer that they are willing to agree as long as some changes are made in its terms or that some
conditions or event occurs. A business contract that is made from the business to the
employer, both parties may change and modify the contract until both parties agree or accept
the details in the business contract.
Aims and Objective
(1) Try to know the concept of Acceptance.
(2) Try to know different and modes of Acceptance.
(3) Try to know conditional acceptance.
(4) Try to know Counter offer.
(5) Try to know how to do a conditional acceptance.
(6) Try to know the essentials of Acceptance.
Hypothesis
The researcher feels a conditional acceptance is same as a counter offer which has the legal
effect of rejecting the offerees offer.

Research Methodology
This project is based mainly and heavily on written text material. It is based on the doctrinal
method of research. The segments are structured and written actively. The writing style is
descriptive as well as analytical. This project has been done after a thorough research based
upon intrinsic and extrinsic aspect of the assigned topic. The doctrinal method in this research
paper refers to various books, articles, news paper, magazine, Dictionary and political review.
In this research paper, the researcher will only use Doctrinal method.

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Introduction
An express act or implication by conduct that manifests assent to the terms of an offer in a
manner invited or required by the offer so that a binding contract is formed. The exercise of
power conferred by an offer by performance of some act. The act of a person to whom
something is offered or tendered by another, whereby the offeree demonstrates through an act
invited by the offer an intention of retaining the subject of the offer.
1

Acceptance of offer is what a lighted match to a train of gunpowder
2
- Ansons Law of
Contract
A conditional acceptance is same as a counter offer which has the legal effect of rejecting the
offerees offer
3
- Black Law dictionary

COUNTER-OFFERS
(1) A counter-offer is an offer made by an offeree to his offeror relating to the same matter as
the original offer and proposing a substituted bargain differing from that proposed by the
original offer.
4


(2) An offeree's power of acceptance is terminated by his making of a counter-offer, unless
the offeror has manifested a contrary intention or unless the counter-offer manifests a
contrary intention of the offeree.
Comments:
a. Counter-offer as rejection. It is often said that a counter-offer is a rejection, and it does
have the same effect in terminating the offeree's power of acceptance. But in other respects a
counter-offer differs from a rejection. A counter-offer must be capable of being accepted; it

1
Chirelstein, 2011
2
Ansons Law of Contract

3
Black Law Dictionary
4
http://www.lexinter.net/LOTWVers4/counter_offer.htm accessed on 15/04/2014 at 15:29 IST
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carries negotiations on rather than breaking them off. The termination of the power of
acceptance by a counter-offer merely carries out the usual understanding of bargainers that
one proposal is dropped when another is taken under consideration; if alternative proposals
are to be under consideration at the same time, warning is expected.
Illustration:
1. A offers B to sell him a parcel of land for $5,000, stating that the offer will remain open for
thirty days. B replies, "I will pay $4,800 for the parcel, " and on A's declining that, B writes,
within the thirty day period, "I accept your offer to sell for $5,000." There is no contract
unless A's offer was itself a contract [supported by consideration], or unless A's reply to the
counter- offer manifested an intention to renew his original offer.
b. Qualified acceptance, inquiry or separate offer....A mere inquiry regarding the possibility
of different terms, a request for a better offer, or a comment upon the terms of the offer, is
ordinarily not a counter-offer. Such responses to an offer may be too tentative or indefinite to
be offers of any kind; or they may deal with new matters rather than a substitution for the
original offer; or their language may manifest an intention to keep the original offer under
consideration.
Illustration
2. A makes the same offer to B as that stated in Illustration 1, and B replies, "Won't you take
less?" A answers, "No." An acceptance thereafter by B within the thirty-day period is
effective. B's inquiry was not a counter-offer, and A's original offer stands.

c. Contrary statement of offeror or offeree....An offeree may state that he is holding the offer
under advisement, but that if the offeror desires to close a bargain at once the offeree makes a
specific counter-offer. Such an answer will not extend the time that the original offer remains
open, but will not cut that time short.
Illustration:
3. A makes the same offer to B as that stated in Illustration 1. B replies, "I am keeping your
offer under advisement, but if you wish to close the matter at once I will give you $4,800." A
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does not reply, and within the thirty-day period B accepts the original offer. B's acceptance is
effective.
Acceptance:
Section 2(b) When the person to whom the proposal is made signifies his assent thereto, the
proposal is said to be accepted
5
.
Section 8 also talks about Acceptance by performing conditions, or receiving consideration.-
Performance of the conditions of a proposal, or the acceptance of any consideration for a
reciprocal promise which may be offered with a proposal, is an acceptance of the proposal
6
.
In the law of contracts, acceptance is one person's compliance with the terms of an offer
made by another. Acceptance occurs in the law of insurance when an insurer agrees to
receive a person's application for insurance and to issue a policy protecting the person against
certain risks, such as fire or theft. When a person who is offered a gift by someone keeps the
gift, this indicates his or her acceptance of it.
Acceptance also occurs when a bank pays a check written by a customer who has a checking
account with that bank.
In business dealings between merchants, which is governed by the law of sales, a buyer
demonstrates his or her acceptance of goods that are not exactly what he or she had ordered
from the seller by telling the seller that he or she will keep the goods even though they are not
what was ordered; by failing to reject the goods; or by doing something to the goods
inconsistent with the seller's ownership of them, such as selling the goods to consumers of the
buyer's store.
No contract comes in to existence until an offer is accepted and, in most cases, that
acceptance is communicated to the offeror.
When you click the "Place Your Order" button at Amazon.com, tell the cab driver where you
want to go, or hand a $20 bill to the cashier at the movies, you are accepting an offer to enter
into a contract. All of these actions--despite the lack of fanfare--communicate acceptance: an

5
Section 2(b), Indian Contract Act 1872, p. 2
6
Section 8, Indian Contract Act 1872, p. 7
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unconditional willingness to be bound by the other party's offer. An acceptance is a necessary
part of a legally binding contract: If there's no acceptance, there's no deal.
There Is No Acceptance If
Occasionally, one party disputes whether the other accepted an offer. In general, acceptance
has not occurred if any of the following are true.
(1) One party's response to an offer doesn't communicate a readiness to be bound. ("Sounds
good, let me think about it.")
(2) The response has strings attached. ("I'm willing to do it if you'll pay me $10,000 more.")
(3) The offer is based on lies. ("You said you had title to the car.")
Also, if the person making the offer indicates how the other party must accept it--"Call me
with your response before Saturday"--then the other party must accept under those conditions
to create a contract. In this example, accepting on Sunday will not create a contract.

Test of acceptance
For the acceptance, the essential requirement is that the parties had each from a subjective
perspective engaged in conduct manifesting their assent. Under this meeting of the
minds theory of contract, a party could resist a claim of breach by proving that he had not
intended to be bound by the agreement, only if it appeared subjectively that he had so
intended. This is unsatisfactory, as one party has no way to know another's undisclosed
intentions. One party can only act upon what the other party reveals objectively (Lucy V
Zehmer, 196 Va 493 84 S.E. 2d 516) to be his intent. Hence, an actual meeting of the minds
is not required. Indeed, it has been argued that the "meeting of the minds" idea is entirely a
modern error: 19th century judges spoke of "consensus ad idem" which have wrongly
translated as "meeting of minds" but actually means "agreement to the [same] thing".
7

The requirement of an objective perspective is important in cases where a party claims that an
offer was not accepted and seeks to take advantage of the performance of the other party.
Here, we can apply the test of whether a reasonable bystander (a "fly on the wall") would
have perceived that the party has impliedly accepted the offer by conduct.

7
R. Austen-Baker, "Gilmore and the Strange Case of the Failure of Contract to Die After All" (2000) 18 Journal of Contract
Law 1.

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Essentials of valid acceptance
In order that acceptance of an offer can result in a contract, the acceptance must satisfy the
following requirements:-
(1)Acceptance should be communicated by the offeree to the offeror.
(2) Acceptance should be absolute and unqualified i.e..the agreement must be certain.
(3) Acceptance should be made in some usual and reasonable manner, unless the proposal
prescribes the manner of acceptance.
(4) Acceptance should be made while the offer is still subsisting.
(5) Acceptance must be according to the mode prescribed.
(6) The Acceptor must be aware of the proposal at the time of offer.
(7) Acceptance must be given before the offer lapses or before the offer is revoked.
(8) Acceptance cant be implied from silence.
(9) The terms of the acceptance must exactly match the terms of the offer.
Section 7 also talks about essentials of valid acceptance i.e...Acceptance must be absolute- In
order to convert a proposal in to promise the acceptance must-
(1) be absolute and unqualified:
(2) be expressed in Some usual and reasonable manner, unless the proposal prescribes the
manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be
accepted, and the acceptance is not made in such manner, the proposer may, within a
reasonable time after the acceptance is communicated to him, insist that his proposal shall be
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accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the
acceptance.
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Types of Acceptance
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There are three types of acceptance including express acceptance, implied acceptance, and
conditional acceptance. In the world of merchant agreements, formal contracts are sometimes
too tedious for a busy schedule. Instead, merchants, contractors, and buyers have developed
these types of acceptance of a contract. While all of these methods are valid, it is always best
to eventually sign a formal contract to ensure that there is something binding in case of a
dispute.

Conditional Acceptance A conditional acceptance, sometimes called a qualified acceptance,
occurs when a person to whom an offer has been made tells the offeror that he or she is
willing to agree to the offer provided that some changes are made in its terms or that some
condition or event occurs. This type of acceptance operates as a counteroffer. A counteroffer
must be accepted by the original offeror before a contract can be established between the
parties.
Conditional acceptance occurs when a drawee promises to pay a draft upon the fulfilment of
a condition, such as a shipment of goods reaching its destination on the date specified in the
contract.
Conditional acceptance places an expectation on how the offer is accepted. The most
common example of conditional acceptance is placing a time condition on the agreement. For
instance, I accept your offer to buy my TV that I placed on Craigslist, as long as you pick it
up within the next hour. You are placing a condition on the sale. If the person does not come

8
Section 7, Indian Contract Act 1872, p. 6
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http://law.jrank.org/pages/3949/Acceptance-Types-Acceptance.html#ixzz2zFMTXHg2 accessed on
15/04/2014 at 13:56 IST

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within the next hour, under conditional acceptance, the offer is no longer valid.

Express Acceptance An express acceptance occurs when a person clearly and explicitly
agrees to an offer or agrees to pay a draft that is presented for payment.
Whether its a handshake or signing the contract, under express contract law, express
acceptance is exactly as it sounds, you expressly give your consent for the contract. Examples
of expressly accepting a contract include your signature, orally agreeing to the offer, shaking
hands, or even exchanging business cards with the offer and accepted terms. Express
acceptance is the most obvious and leaves no room for doubt that the offer was accepted

Implied Acceptance An implied acceptance is one that is not directly stated but is
demonstrated by any acts indicating a person's assent to the proposed bargain. An implied
acceptance occurs when a shopper selects an item in a supermarket and pays the cashier for
it. The shopper's conduct indicates that he or she has agreed to the supermarket owner's offer
to sell the item for the price stated on it.
Implied acceptance typically only happens when a report has already been set between you
and your customers. Implied acceptance typically does not involve a contract, but rather is
oral and action-based in nature. For instance, if youve always hired the same person to paint
your house every two years and you stop by their shop and tell them that its been two years,
they may just simply show up and paint your house, knock on the door, and you pay them.
This was implied acceptance of the offer. The customer offered to let the painter paint his
house again, and the painter accepted by going over to his house and painting it. Remember
that implied acceptance is typically only considered valid if you have a previous history of
this type of acceptance already with this person.



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How to do a Conditional Acceptance
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The most usual reason for a Conditional Acceptance (CA) is someone asking you for
payment, performance of some kind, which you do not think they are entitled to. You would
word the CA saying that you will accept their claim that you owe them x amount of $ upon
proof of claim that they can produce a valid contract making you liable for such debt (or
performance). Just replace the text in the highlighted sections with the facts that fit your own
case and you'll have a better understanding of the concept.

Here is a sample CA just so you know what it looks like:

Dear [whomever]:
Your correspondence of 10/24/2005 was received by me on October 31, 2005. I am
conditionally accepting your contract in that letter of a $13,107.37 balance remaining on the
above-referenced loan upon proof of claim that:
1. The funding of the equity line of credit did not come from the promissory note/agreement
I had signed on April 30, 2002;
2. You did not deposit my promissory note/agreement into an account from which
checkbook money was created, thus making Jane Doe a depositor to whom the funds
were owed;
3. Country width can demonstrate that they were put at risk by extending the above-
referenced loan to me;
4.Country width was/is or will be damaged if the above-referenced loan is not repaid;

5. The interest and fees added to this alleged debt are not usurious;
6. Country width is not in violation of the Fair Debt Collection Practices Act 15, Section
1601, 1692, et seq., and can validate its claim as I had demanded by Certified Mail
#7001194000065267xxxx which Country width received on July 1 of 2003;

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http://www.focusoncommerce.net/index_htm_files/How%20to%20Conditionally%20Accept.pdf accessed
on 17/04/2014 at 16:48 IST

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7. The private Bond sent to you by the undersigned and received by Country width on March
15, 2004, was dishonoured by John Snow, Secretary of the Department of the Treasury and
did not, therefore, discharge the above-reference loan.
Etc., etc.
[Insert person's name], you have ten (10) days from receipt of this Conditional Acceptance to
respond on a point-by-point basis, via sworn affidavit, under your full commercial liability,
signing under penalty of perjury that the facts contained therein are true, correct, complete
and not misleading. Mere declarations are an insufficient response, as declarations permit
lying by omission and hearsay, which no honorable draft may contain. If an extension of time
is needed to properly answer, please request it in writing. Failure to respond will be deemed
agreement with the facts stated in the attached Affidavit and an inability to prove your claim,
thereby indicating that no debt exists.

All rights reserved without prejudice, UCC 1-207 & 1-308

[your signature] -----------------------------------------------

A CA is generally accompanied by an Affidavit such as the example below:

AFFIDAVIT

[Your name], a living soul, over 18 years of age, being competent to testify and having first
hand knowledge of the facts herein, declares under penalty of perjury of the laws of the
united States of America, that:

[Insert facts of the matter in numbered paragraphs, one statement per paragraph, in a logical,
chronological order like so:]

1.On April 30, 2002, I entered into a mortgage agreement with Countrywidth Home Loans
Inc. regarding the property known as 44 Xxxxxxx Court, Hxxxxx, Pennsylvania.

2. At the closing of the loan on April 30, 2002, I was offered a line of credit from Country
width Home Loans Inc. in the amount of $12,000. This line of credit was based upon the
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equity already present in the property by virtue of my initial $25,000 down payment to the
previous owners of 44 Xxxxxxx Court.

3. Said line of credit may have been created by Countrywidth depositing my promissory
note/agreement into an account with the funds being created as I wrote checks drawn on that
account. Wherever those funds came from, they represented a return of equity.

Etc., etc.

It usually ends with:

Further, Affiant sayeth naught.

Date: __________________ Signed: _______________________________
[Address]
State of )
) ss:
County of )

On this, the _____ day of _________________, 2005, before me, a notary public, the
undersigned officer, personally appeared_______________________, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that s/he executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.


Secretarial Help

If you would like us to word process the CA and the Affidavit for you, send us the details of
the matter along with $50 and we will prepare it and send it to you for your signature,
notarization and mailing. Contact us if you have questions.

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Case Law
(1)Hyde v. Wrench
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Summary of Hyde v. Wrench, [1840] 3 Bea 334; 49 ER 132
Facts
Wrench (D) offered to sell his estate to Hyde for 1200 pounds and Hyde (P) declined.
Wrench then made a final offer to sell the farm for 1000 pounds. Hyde in turn offered to
purchase the property for 950 pounds and Wrench replied that he would consider the offer
and give an answer within approximately two weeks.
Wrench ultimately rejected the offer and the plaintiff immediately replied that he accepted
Wrenchs earlier offer to sell the real estate for 1000 pounds. Wrench refused and Hyde sued
for breach of contract and sought specific performance, contending that Wenchs offer had
not been withdrawn prior to acceptance.
Issue
If one party makes an offer and the offeree makes a counteroffer, does the original offer
remain open?
Holding and Rule
No. A counteroffer negates the original offer.

(2) Normile v. Miller
12

Citation 22 Ill.313 N.C. 98, 326 S.E.2d 11 (1985)

Brief Fact Summary

Plaintiffs Normile and Segal both attempted to purchase a piece of real estate from Defendant
Miller. Normile first submitted a bid, but Plaintiff responded with a counteroffer. Prior to
Normiles acceptance of Defendants counteroffer, Defendant sold the property to Segal.


11
[1840] 3 Bea 334; 49 ER 132
12
22 Ill.313 N.C. 98, 326 S.E.2d 11 (1985)
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Synopsis of Rule of Law
A counteroffer acts as a rejection of the original offer and does not contain the terms of the
original offer. The counteroffer, like the original offer, must be accepted before it is revoked.

Facts
On August 4, Defendant listed a piece of real estate. Normile was shown the property by a
real estate broker. Upon seeing the property, Normile and the real estate broker prepared an
offer. The offer specified that it must be accepted by 5:00 p.m. on August 5. Defendant
received the offer, made several changes, signed and returned the offer to Normile. When the
real estate broker presented the counteroffer to Normile, Normile neither accepted nor
rejected the counteroffer and indicated that they were going to wait to decide what to do.
However, the real estate broker was under the impression that Normile was rejecting the
counteroffer based on statements made by Normile. Normile indicated that the increased
amount of earnest money and decreased duration of the loan were problematic.
On August 5, the same real estate broker went to the home of Segal at approximately 12:30
a.m. At that time Segal signed an offer to purchase the same property with terms very similar
to Defendants counteroffer. Defendant accepted this offer. At approximately 2:00 p.m., the
real estate broker informed Normile that the counteroffer had been revoked by stating you
snooze, you lose; the property has been sold. Prior to 5:00 p.m. on August 5, Normile
initialed Defendants counteroffer and delivered it with the earnest money deposit.
Normile and Segal filed separate actions, which were consolidated. The trial court granted the
Segals motion for summary judgment.

Issue
Is there an enforceable contract to purchase the property between Normile and Defendant?
Was the counteroffer a rejection of the original offer?
Did the deadline for acceptance become part of the counteroffer?
Was the counteroffer an option?
Did Plaintiff accept the counteroffer?

Held
No. There is not an enforceable contract between Normile and Defendant to purchase the
property
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When a potential purchaser submits an offer to the seller and the seller makes changes to the
offer prior to signing, it is generally referred to as qualified or conditional acceptance. The
type of acceptance is a counteroffer and functions as a rejection of the original offer
submitted by the potential purchaser. In the present case, because Defendant changed terms
of Normiles offer, Defendant did not accept Normiles offer. In fact, Defendants
counteroffer actually operated as a rejection of Normiles offer.
In the present case, the deadline for acceptance provision in Normiles offer did not become
part of Defendants counteroffer. The Court reasons that because Defendant at no point
unconditionally assented to the terms of Normiles offer, the terms of Normiles offer did not
become part of the counteroffer.
An option contract is one that grants a potential purchaser an exclusive right to purchase
property within a specified period of time for a fixed price. The Court provides two reasons
why Defendants counteroffer does not grant Normile an option contract. First, an option
contract must be supported by valuable consideration. In the present case, no consideration
was given. Second, Defendants counteroffer did not promise that the offer would remain
open for a specific amount of time.
A potential purchaser does not have the power to accept an offer after it has been revoked.
Under these facts, Normile neither accepted nor rejected the counteroffer when it was first
presented. Normile instead expressed concern regarding some of the terms of the counteroffer
and indicated that he was going to wait to decide whether to accept the counteroffer. When
Defendant entered into a contract with Segal, Defendant manifested an intention to revoke the
counteroffer. Revocation generally must be communicated to the offeree to be effective. In
the present case, Normile did receive notice of the revocation through the real estate broker.
Because Normiles power of acceptance had already been terminated by Defendants
revocation of the counteroffer, Normiles attempt to accept the counteroffer failed.

Discussion
In this case, Defendant rejected Normiles offer by submitting a counteroffer. Because the
counteroffer operated as a rejection of Normiles original offer, the terms of Normiles
original offer were not transferred to the counteroffer. Normile did not have a contract to
purchase the property from Defendant because Normile failed to accept the counteroffer
before it was revoked.

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(3) Stevenson Jaques & Co. v McLean
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Fact
The defendant held documents of title to certain quantities of iron and offered to sell them to
the plaintiff for 40/- cash, indicating that the offer would be held open until the following
Monday. The plaintiff was a broker and would only buy once they had lined up a buyer to
take from them.
On Monday at 9:42am P sent a telegram to D sounding out what flexibility there might be to
negotiate before the days trading got under way. The market was unstable and P wanted to
know the negotiating range. "Please wire whether you would accept 40 for delivery over 2
months, if not, longest time limit."
There was no response from D and P later purported to accept the original offer. D claimed
that the acceptance was not effective as their telegram had rejected the offer by way of
counter-offer.
HELD
This case should be distinguished from Hyde v Wrench (1840). In that case D had offered his
estate for 1000. P offered to pay 950. When this was refused, P then purported to agree to
pay the full 1000. P could not claim the estate, because his original counter-offer had put an
end to D's offer.
Here, the telegram was not a counter-proposal, but a mere inquiry "which should have been
answered" [morally or legally?]. It was not as a rejection of the offer. Pothier has suggested a
more subjective view. He has argued that if the offeror changes their mind (but does not
communicate this) before acceptance, then at the moment of acceptance, there is no meeting
of minds, and therefore no contract (Cooke v Oxley).
However a more objective view is preferable. Once an offer is made, it is taken to be
continuing each moment until accepted or withdrawn. The law will regard the intention

13
(1880) 5 QBD 346 Queen's Bench Division
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evidenced in the offer as continuing, until notice of its revocation has been communicated to
the other party. As stated in Byrne v Van Tienhoven (1880) "an uncommunicated revocation
is, for all practical purposes and in point of law, no revocation at all".
As no notice of withdrawal was given by the offeror, the P could regard it as a continuing
offer, and their acceptance of it made the contract complete.
Conclusion:-
According to Section 2(b) of Indian Contract Act,1872, When the person to whom the
proposal is made signifies his assent thereto, the proposal is said to be accepted. A promise or
act on the part of an offeree indicating a willingness to be bound by the terms and conditions
contained in an offer. Also, the acknowledgment of the drawee that binds the drawee to the
terms of a draft.
This paper dealt with one of the essential elements of contract i.e. acceptance and types of
acceptance and essentials of acceptance. In this project the researchers hypothesis is right.
The researcher compared between counter offer and conditional acceptance. A counter-offer
is an offer made by an offeree to his offeror relating to the same matter as the original offer
and proposing a substituted bargain differing from that proposed by the original offer
whereas A conditional acceptance, sometimes called a qualified acceptance, occurs when a
person to whom an offer has been made tells the offeror that he or she is willing to agree to
the offer provided that some changes are made in its terms or that some condition or event
occurs. This type of acceptance operates as a counteroffer. A counteroffer must be accepted
by the original offeror before a contract can be established between the parties.
At last the researcher came to the conclusion that A conditional acceptance is same as a
counter offer and his hypothesis is right.



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Bibliography:-
Books:-
Dr. R.K.Bangia, Contract-1, Reprint 2013, 6
th
edition, Allahabad Law Agency
Dr. Kailash Rai, Contract-1, 2011, 3
rd
Edition, Central Law Publications
Avatar Singh, Contract and Specified Relief, 2013, 11
th
Edition, Eastern Book Company
Akhileshwar Pathak, Contract Law, 2013, 10
th
Edition, Oxford University Press
Anirudh Wadhwa, Mulla Indian Contract Act, Reprint 2012, 13
th
Edition, Lexis Nexis India
Thorpe S , Indian Contract Act ( Act 9 of 1872), 2013, 11
th
Edition, , Lexis Nexis India
Statutes:-
The Indian Contract Act,1872
Websites:-
http://www.e-lawresources.co.uk/Offer-and-acceptance.php accessed on 15/04/2014
at 16: 40 IST
http://catalogue.pearsoned.co.uk/assets/hip/gb/hip_gb_pearsonhighered/samplechapter/Elliott
_contract_C01.pdf accessed on 16/04/2014 at 13: 45 IST

http://www.law.ubc.ca/files/pdf/faculty/macdougall/CasesandCommentaries.pdf accessed
on 15/04/2014 at 15: 35 IST
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http://law.jrank.org/pages/3949/Acceptance-Types-Acceptance.html accessed on
16/04/2014 at 14:12 IST
http://law.freeadvice.com/general_practice/contract_law/kind_acceptance.htm accessed on
17/04/2014 at 10: 45 IST
http://www.lawteacher.net/PDF/Agreement%20Cases.pdf