Section 48 The Indian Contract Act, 1872

📜 Section 48 – The Indian Contract Act, 1872

🔹 Section 48: Communication of revocation of proposal

🧾 Bare Act Text:

The communication of a revocation is complete—

— as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it;

— as against the person to whom it is made, when it comes to his knowledge.

Explanation in Simple Terms:

Section 48 deals with how and when the revocation of a proposal (offer) is considered legally communicated to both parties — the sender and the receiver.

🔍 Two Perspectives:

1. For the person revoking the offer (the sender):

The revocation is complete as soon as they send it, e.g., post the letter, send an email, etc.

Once it's out of their control, the revocation is said to be legally done.

2. For the person receiving the revocation (the receiver):

The revocation is complete only when they actually receive and understand it.

Until then, they can still accept the offer if the revocation hasn’t reached them.

🧑‍⚖️ Illustration:

A makes an offer to B on June 1.

A sends a revocation letter on June 3.

B receives the revocation on June 5.

B sends an acceptance on June 4 (before getting the revocation).

👉 Result: The contract is valid because B accepted the offer before receiving the revocation.

⚖️ Legal Principle:

This section protects the offeree, ensuring that they cannot be penalized for accepting an offer they were unaware had been revoked.

 

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