286

auction sale. However, if there is no overt act (depending

upon the situation) the acceptance is not complete, as the
offeror is not aware that his/her offer is being accepted.
38.

For instance let us say I have a car, which you know very

well (regarding its condition, maintenance etc.,). You offer to

purchase the car at Rs.2,00,000. After receipt of your offer I
just ask my driver to get the car serviced so that the delivery
can be given to you immediately. But nothing is said to you
by reverting back. And by the time the car is serviced I
change my mind of selling the car to you. You cant insist to
have the car as I have already accepted the offer to driver.
The situation can be assessed in the words of Shah J
An agreement does not result from a mere state of
mind: intent to accept an offer or even a mental resolve
to accept an offer does not give rise to a contract.
There must be some external manifestation of that
intent by speech, writing or other act.117
39.

We will now consider another example in Brodgen v

Metropolitan Railway Co., where the acceptance was by

conduct.118 Here Brogden is supplier of coal to a railway
company without any formal agreement to start with.
However he suggested that a formal agreement should be
drawn up. Then the agents of both the parties meet and
draw up a draft agreement to be executed between the
parties. However, there were some blanks to be filled and for
that purpose the papers were sent to Brodgen for his
approval. He filled up the blanks including the name of an
117
118

In Bhagwandas v Girdhari Lal, AIR 1966 SC 543.

(1877) 2 App Cas 666, HL.
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