| Principle Once the acceptance is made a contract becomes enforceable. |
| Facts Vikas goes to a website of sleek corn which is engaged in selling of modular kitchens. He browsed through the catalogue and wanted to click or an item required by him for further information and price. He found that the price is Rs 5000 on which he clicked 'yes'. But at that time the server was down and message could not pass it bounced back. But he did not notice. Vikas insists on getting that item but the shop has sold it to Alok. Decide the case whether this contract is enforceable. |
A) Yes, because Vikas has sent his acceptance
B) No, because the shopkeeper has not talked face to face
C) No, because in normal case of contract the acceptance must be communicated
D) None of the above
Correct Answer: C
Solution :
Section 2(B) of Contract Art tells that, when the person to whom the proposal is made signifies his assent there to the proposal is said to be accepted. Section 4 of Contract Art says that communication, when complete.
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