Question

Mark the best option:
Facts: Ganga asked Ram to send him 15 bottles of groundnut oil at once. Ram wrote back that he would send the bottles in15-20 days. Ganga did not reply and ultimately about a month and a half later Ram sent the goods. Ganga refused to accept the goods and said that there was no contract. Ram sued him in court. Will Ram succeed in his case?
Principle:

1. In order to convert a proposal into a promise, the acceptance should be absolute and unqualified.
2. If there is an offer and acceptance between parties a contract is formed.

विकल्प

• Ram will succeed since there is a contract here

• Ram will not succeed since there is no contract here as the offer was rejected

• Ram will not succeed since there is no contract here as there was a counter-proposal

• Ram will succeed since the contract was concluded by the offer and acceptance

Answer 1

Ram will not succeed since there is no contract here as there was a counter-proposal

In this case, as there was a counteroffer, so the original offer lapsed and was not an offer which was prevailing and could not form a basis for a contract between the parties. Hence, no contract between the parties.