Case Comment On Har Bhajan Lal V. Har Charan Lal (AIR 1925 ALL 539)
- IJLLR Journal
- Oct 27, 2023
- 1 min read
Mallika Bajpai, L.L.B., Amity University, Lucknow
INTRODUCTION
This is the case where acceptance made by the fulfillment of the condition mentioned in the proposal is deemed to be held valid as per Section 8 of The Indian Contract Act, 1872.
Section 8 of The Indian Contract Act, 1872 states that Acceptance by performing conditions, or receiving consideration
Performance of the conditions of a proposal, for the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.1
This section deals mainly with general offers where the communication of acceptance is not necessary. According to this section, mere performance of the conditions of a proposal is sufficient to form a binding contract.
The judgment of Har Bhajan Lal v. Har Charan Lal, was held at Allahabad High Court where the general offer was accurately described, this case can also be recognized as a landmark case of a general offer. A general offer is made to the public or the world at large i.e., the whole world. However, in the case of general offers the contract is made only with the person who comes forward and performs the conditions of the proposal as such the performance amounts to acceptance of performance.
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