State the difference in rules of making offer and acceptance when the mode of making the same varies from post to telephone and e-mail as governed by the Information Technology Act, 2000.

CS Executive · Economic and Commercial Laws · PYQS · December 2016
State the difference in rules of making offer and acceptance when the mode of making the same varies from post to telephone and e-mail as governed by the Information Technology Act, 2000.

Answer & Explanation:

Contracts by Post An offer by post may be accepted by post, unless the offeror indicates anything to the contrary. An offer is made only when it actually reaches the offeree and not before, i.e., when the letter containing the offer is delivered to the offeree. An acceptance is made to offeror correct address; it binds the offeror, but not the acceptor. An offer may be revoked before the letter containing the acceptance is posted. An acceptance can be revoked before it reaches the offeror. Contracts over the Telephone Contracts over the telephone are regarded the same in principle as those negotiated by the parties in the actual presence of each other. In both cases an oral offer is made and an oral acceptance is expected. It is important that the acceptance must be audible, heard and understood by the offeror. If during the conversation the telephone lines go "dead" and the offeror does not hear the offerees word of acceptance, there is no contract at the moment. If the whole conversation is repeated and the offeror hears and understands the words of acceptance, the contract is complete [Kanhaiyalal v. Dineshwarchandra (1959)] AIR, M.P. 234. AIR, M.P. 234. Contracts over the e-mail (a) Attribution of electronic records An electronic record shall be attributed to the originator- if it was sent by the originator himself; by a person who had the authority to act on behalf of the originator in respect of that electronic record; or by an information system programmed by or on behalf of the originator to operate automatically. (b) Acknowledgment of receipt Where the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment may be given by- any communication by the addressee, automated or otherwise; or any conduct of the addressee, sufficient to indicate to the originator that the electronic record has been received. Where the originator has stipulated that the electronic record shall be binding only on receipt of an acknowledgment of such electronic record by him, then unless acknowledgment has been so received, the electronic record shall be deemed to have been never sent by the originator. Where the originator has not stipulated that the electronic record shall be binding only on receipt of such acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed to within a reasonable time, then the originator may give notice to the addressee stating that no acknowledgment has been received by him and specifying a reasonable time by which the acknowledgment must be received by him and if no acknowledgment is received within the aforesaid time limit he may after giving notice to the addressee, treat the electronic record as though it has never been sent.

Topics: Information Technology Act, 2000

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