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  • The defendant had offered to sell wool to the plaintiff via letter; owing to the wrong address of the letter it c

The defendant had offered to sell wool to the plaintiff via letter; owing to the wrong address of the letter it could arrive at the plaintiff’s place before September 5. This also led to a delay in letter of acceptance and the same arrived on September 9 on the defendant’s place and meanwhile, on 8th September, the defendant had already sold his wool to some other third party. When did the commencement of the acceptance and therefore the contract takes place?

Option: 1

 Acceptance was complete as against the acceptor when it comes to the knowledge of Acceptor.


Option: 2

Acceptance was complete as against the offerer the time when the letter was put to post.


Option: 3

Both A and B


Option: 4

None of the above


Answers (1)

best_answer

The acceptance was complete as against the offeror the time when the letter was put to post and therefore there existed a contract between the plaintiff and the defendant and selling of wool to the third party was a breach of that contract. The communication of acceptance was completed as against the acceptor when it comes to the knowledge of the proposer and not Acceptor. Hence correct option is b.

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seema garhwal

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