Section 8 The Indian Contract Act, 1872

Section 8 – The Indian Contract Act, 1872

📘 Title:

“Acceptance by performing conditions, or receiving consideration”

📜 Bare Act Text of Section 8:

“Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.”

Explanation in Simple Terms:

Section 8 explains that a proposal (offer) can be accepted not only in words but also through action — by:

Fulfilling the conditions laid out in the proposal, or

Accepting consideration (payment/reward) for a reciprocal promise.

➡️ This kind of acceptance is called implied acceptance, as it's not verbal or written but inferred from conduct.

🧑‍⚖️ Example:

Performance of condition:

A says to B, “If you deliver 100 bricks to my house by Sunday, I’ll pay you ₹2,000.”

B delivers the bricks by Sunday.

Even though B never said “yes,” his action is treated as acceptance of the offer.

Acceptance of consideration:

A offers to pay B ₹5,000 if B paints A’s house.

B takes the ₹5,000 and starts painting.

B’s acceptance of money and performance makes the contract valid under Section 8.

🔍 Key Takeaways:

Acceptance need not always be expressed in wordsactions can also form a valid contract.

The section is particularly useful in contracts involving services, tenders, or rewards.

However, mere silence is not acceptance — action is necessary.

 

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