Amit's son absconded. He sent Suresh, his servant in search of the boy. When Suresh had left, Amit, by hand bills, offered to pay ₹5,001 to anyone finding his son. Suresh found the son and after coming to know about the
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2020
Amit's son absconded. He sent Suresh, his servant in search of the boy. When Suresh had left, Amit, by hand bills, offered to pay ₹5,001 to anyone finding his son. Suresh found the son and after coming to know about the offer, claimed the amount. Examine the validity of claim raised by Suresh.
Answer & Explanation:
One of the cardinal principle of the Law of Contract is that an acceptance must be given within a reasonable time and before the offer lapses or is revoked. An offer becomes irrevocable by acceptance. An acceptance never precedes an offer. There can be no acceptance of an offer which is not communicated. Similarly, performance of conditions of an offer without the knowledge of the specific offer, is no acceptance. Thus in Lalman Shukla v. Gauri Dutt (1913) , where a servant brought the boy without knowing of the reward, he was held not entitled to reward because he did not know about the offer. In this case Suresh had no knowledge of the offer, so he will fail to claim the same.
Topics: Indian Contract Act, 1872
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