Implied acceptance
Rashmi Nanda
(Querist) 22 October 2013
This query is : Resolved
I am stuck on this.
I entered into a contract to sell my medicines to a buyer. Before the purchase, the medicines had to be tested in a laboratory. Since there was dispute in their testing methods, they directed me to have tests done myself at a another lab.
I suggested lab A to which they refused. Then I suggested lab B and C. They did not reply to this request, so I carried out the tests myself.
Later they asked me to send them the test results. They received, read, scrutinized the test results and made a report on it stating what all they found faulty in the result.
It would be nice to get a case law also
Now since we are in for arbitration, can they deny the reports on the ground that they had not permitted me to conduct the tests? Considering they directed me to get tests done myself, did not suggest where, when i conducted them, they asked for the reports, read it, and also outlined what they found erroneous in the tests.
Wasn't calling for the reports and reading them implied acceptance and shouldn't there be an estoppel on them for denying permission.
ajay sethi
(Expert) 22 October 2013
the contract must have specified it has to be tested in laboratory duly recognized by the govt .
it is necessary to go through the terms of contract agreed between the parties .
whether you received a letter to that effect to get medicine tested by another lab of your choice? in any case the test results have never been accepted by the buyer
the buyer has disputed the test results. the issue would be whether in conducting testing of medicine appropriate procedure have been followed .mere calling for reports does not imply acceptance of the results .
Rashmi Nanda
(Querist) 22 October 2013
yes! the letter did not specify any requirement for the lab so it permitted me to have them tested at a laboratory of my choice. the labs i've been to are of international standards.
that is why my question arose. There was no particular lab suggested nor was there a need to ask them before conducting the test. It was i who thought of taking their consent. they refused to the 1st lab but did not reply to my further letters for the other labs. it is only waiting long for their reply that i moved on with the tests which I was directed by them to conduct. So isnt it something like silent consent
ajay sethi
(Expert) 22 October 2013
well if contract was silent on requirement of lab where tests were to be done and you have got the medicine tested at labs of international standards then you have taken adequate safeguards .
if they have not objected nor bothered to reply to your suggestion that medicine be tested at labs mentioned by you in your letter then they are deemed to have given their consent .
Rashmi Nanda
(Querist) 22 October 2013
Thanku so much. can you suggest me a case law for it. or under which topic will i find it.
ajay sethi
(Expert) 22 October 2013
thanks for your appreciation . for case law search in indian kanoon website
Thyagarajan
(Expert) 22 October 2013
There may not be case laws to exactly match your case.
Your case is not that complicated to go in for a support case law. You wanted to know whether not replying your letter (silence) means "consent is given" and that had been answered.
Good day to you
Rajendra K Goyal
(Expert) 23 October 2013
For case law search google.
On the given facts, well advised by the experts, however all the correspondence, agreement, orders need to be referred before any conclusion. Please contact local lawyer.
