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Supreme Court of India 2021-01-05 allowed

M/s. Padia Timber Company(P) Ltd vs The Board of Trustees of Visakhapatnam

Bench: 2 — Navin Sinha, Indira Banerjee

In Brief

A port authority issued a tender for wooden sleepers. The supplier submitted a conditional offer (inspection at its depot only) with a quote. The port authority purported to accept the offer but added a further condition (final inspection at its General Stores). The supplier rejected this condition. The Court held that no concluded contract existed because acceptance of an offer must be absolute under Section 7 of the Contract Act. When an acceptor adds new conditions, the contract is not final until the original offeror accepts those conditions. Since there was no concluded contract, the supplier could not be liable for breach or damages. The Court allowed the appeal and ordered refund of earnest money with interest.

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Contract Law Offer and Acceptance Tender Conditions Breach of Contract Earnest Deposit

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