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In one of its recent decisions, the Supreme Court of India has clarified that accepting an offer with a condition is no acceptance at all -- it is a counter-proposal. A counter-proposal made while accepting an offer must be accepted by the original proposer to conclude a contract. Until that happens the parties must not assume that a concluded contract1 exists. So, until there is a concluded contract, no question of any breach would arise, but often parties accepting offers with counter-proposals do not realize that.


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Aw, those poor termination for convenience clauses!  They’re always getting hauled into “court” by one of their frustrated “victims.”  Truth be told, “termination for convenience” can be either friend or foe.  Is it fair? Maybe the problem is not the clause but on which side of it you find yourself!

Terminationforconvenience clause

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