All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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26.

A sends a letter to B offering to sell two hundred grams of gold at a certain price and requests B to convey his acceptance by post only. B writes a letter accepting A's offer and hands it over to his peon and asks him to mail it for him. The peon forgets to do so and posts the letter after two days. A day after the letter is posted, A calls B ask him whether he has replied to his offer and B informs him that he has accepted the offer by post. A receives the letter a couple of days later but opens it only after a week. When was the acceptance of B compete against A ?

Principle : Acceptance of an offer must be communicated to the other person in order for it to be valid. In case of communication by instantaneous a mode communication, such non- of as post or email, an acceptance is complete as against the offer or when the acceptor puts it in a mode of transmission outside the control of the acceptor.
A: The acceptance was complete as against A when he handed the letter over to his peon.
B: The acceptance was complete as against A only when the letter reached A.
C: The acceptance was complete as against A only when B informed A of his acceptance over the telephone.
D: The acceptance was complete against A only when the A read the letter.
E: The acceptance was complete as against A when the letter was posted.

The answer is: E

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Explanation

E: The acceptance was complete as against A when the letter was posted.

Explanation:

 Based on the provided principle, acceptance of an offer is generally complete when it is communicated to the other party. In the case of communication by post, the acceptance is considered complete when the letter is posted because it is considered to be outside the control of the sender. Therefore, in this scenario, the acceptance by B was complete as against A when B posted the acceptance letter.