Supreme Court of India
M/s. Padia Timber Company (p) Ltd. v. The Board of Trustees of Visakhapatnam Port Trust through its Secretary
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What the Court ordered
We hold that the Appellant was neither in breac h nor liable to damages, it is not necessary for us to examine the questions of whether the compensation and/or damages claimed by the Respondent Port Trust was reasonable or excessive, whether claim for da mages could only be maintained subject to proof of the actual damages suffered, and whether the Respondent Port Trust had taken steps to mitigate losses.
Judgment, page 20
From the headnote
Contract – Offer and acceptance of offer – Whether the acceptance of a conditional offer with a further cond ition results in a concluded contract, irrespective of whether the offer er accepts the further condition proposed by the acceptor – He ld: It is a cardinal principle of the law of contract that the offer and acceptance of an offer must be absolute – When the accep tor puts in a new condition while accepting the contract already signed by the proposer, the contract is not complete until the prop oser accepts that condition – An acceptance with a variation is no acceptance – It is, in
Authorities it was built on
- 1963 Fateh Chand v. Balklshan Das
- 1961 M/s. Murlidhar Chiranjilal v. M/s. Harishchandra Dwarkadas and Another
- 1969 Union of India & Ors. v. M/s. Bhim Sen Walaiti Ram
- 1979 State of Maharashtra & Anr. v. Digambar Balwant Kulkarni
- 2003 M.V. Shankar Bhai and Anr. v. Claude Pinto (since Deceased) by Lrs. and Ors.
- 1996 U. P. Rajkiya Nirman Nigam Ltd. v. Indure Pvt. Ltd. and Others
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