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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.

clause BUYER/SELLER CONDITIONAL OFFERS COURT DECISIONS ABSOLUTE ACCEPTANCE RFP PURCHASE

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