Chapter I - Of the Communication, Acceptance and Revocation of Proposals
Section 8
Section 8: acceptance by performing conditions
A proposal may be accepted through conduct. Under Section 8, performing its conditions or accepting consideration for a reciprocal promise can amount to acceptance.
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Need advice on Section 8?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.
Key takeaways
Conduct can accept
Performing the conditions set out in a proposal is a statutory mode of acceptance.
Receipt can matter
Accepting consideration offered with a proposal for a reciprocal promise can also constitute acceptance.
Identify the offered condition
Read what the proposal asks the recipient to do. The conduct relied on as acceptance should match that condition, rather than an unrelated act.
Document the conduct
For business orders and service arrangements, retain the offer, performance records and dates. They help establish whether and when the conditions were performed.
Check the reciprocal exchange
Where consideration accompanies a proposal in exchange for a reciprocal promise, record its receipt and the promise to which it relates. Section 8 makes the acceptance of that consideration legally significant.
Practical checklist
Do
- State clearly which performance will count as acceptance.
- Retain delivery, payment and service records that show what was done.
Avoid
- Do not assume every act by the offeree accepts the proposal; match it to the proposal's stated conditions.
Frequently asked questions
Is a signed acceptance always required?
Section 8 recognises acceptance by performing a proposal's conditions or by accepting consideration for a reciprocal promise. Other applicable laws or the offer's terms may still require a particular form.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026