Question

In the context of a proposal or acceptance of any promise, when is it said to be express?

• A. It is said to be express when it is made in words.
• B. It is said to be express when it is made in person.
• C. It is said to be express when it is made using audio-visual means.
• D. It is said to be express when it is made over the internet.

Hint:

Both oral and written communications fall under "express" promises because both utilize words.
Contracts formed through conduct without words are "implied" contracts.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the statutory definition of an "express" promise, proposal, or acceptance as defined under the Indian Contract Act, 1872.

Step 2: Key Legal Principles and Approach:
The definitions of express and implied promises are located in Section 9 of the Indian Contract Act, 1872.

Step 3: Detailed Explanation:

• Statutory Rule: Section 9 of the Act states: "In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express."

• Implied Promise Contrast: The section further adds: "In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied."

• Meaning of "In Words": "Words" can be spoken (oral) or written (documentary, electronic, etc.).

• The medium through which the words are transmitted (in person, over the internet, or via audio-visual means) does not define whether it is express.

• For example, an email and a spoken phone call are both express because they use words.

• Conversely, board a public bus or taking a cup of tea from a self-service counter constitutes an implied proposal/acceptance because it is made through conduct rather than words.

• Therefore, the statutory definition relies solely on the use of "words", aligning with Option (A).

Step 4: Final Answer:
According to Section 9 of the Indian Contract Act, 1872, a proposal or acceptance is express when it is made in words, making Option (A) the correct answer.