Acceptance of contract with variation or a condition is not a concluded contract

Padia Timber Company (P) Ltd. Vs Board of Trustees of Visakhapatnam Port Trust (Supreme Court)

Conclusion: When the acceptor puts in a new condition while accepting the contract already signed by proposer, the contract was not complete until the proposer accepted that condition. Thus, earnest deposit of assessee was liable to be refunded on concluded contract and there could be no question of any breach on the part of assessee or of damages or any risk purchase at the cost of assessee.

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