Offeree Silence And Contractual Agreement

First, silence is the assumption that the bidder gives the bidder the impression that silence is considered a hypothesis. See National Union Fire Insurance Co. Ehrlich, 122 Misc. 682 (N.Y. App. Div. 1924). For example, if someone makes you an offer and you don`t react, you`re not normally bound by a contract. Your silence is generally not considered a guess if you don`t really intend to accept it. This is generally true even if the person making the offer explicitly states that your silence is considered an acceptance. The court ruled that Felthouse was not in possession of the horse because there was no acceptance of the contract. Acceptance must be clearly communicated and cannot be imposed by the silence of one of the parties.

The uncle was not allowed to impose a sale by silence, which would only cause the contract to fail by rejection. Although the nephew expressed interest in closing the sale, there was no notification of this intention until after the sale of the horse at an auction on February 25. The nephew`s february 27 letter, which had been presented as evidence by felthouse, was considered to be the first case of communication in which acceptance was notified to the supplier (Felthouse). And by that time, the horse was already sold. As a result, Felthouse was not interested in the property. If the party that is silent acts tacitly on the agreement, silence is treated as an acceptance. In the case of an unsolicited commodity, if the potential buyer uses the goods, the buyer has accepted the contract. Suppose A sends B some food and A informs B that A is waiting for payment. If B eats, B has accepted the agreement.

Please note that a simple inspection is not an inappropriate exercise in domination. That said, if George had looked through the cards to decide if he wanted to buy them, he is not contractually obliged to buy the tickets. N2 – This article discusses the mechanics of acceptance in contract law and focuses on whether a bidder`s silence can prevail. He found the rule in Felthouse v Bindley (1862) alive and good, but created problems for judges who were anxious to find arrangements. The article examines the existence of a ”speech obligation,” as is sometimes proposed, and rejects this obligation, along with all other so-called exceptions to the rule, and concludes that silence cannot be accepted, but that behaviour may do so, unless a bidder ”speaks” to contradict the inevitable conclusions of the conduct. The article also argues that acceptance as such is not necessary for an agreement, but that notification of apparent acceptance is the necessary element which, with an offer, constitutes an agreement. Fourth, the late acceptance of an offer has the legal weight of a counter-offer. In other words, when a bidder makes an offer to a bidder and the bidder accepts it inappropriately, that presumption is not valid. Yes, yes. Your silence does not usually bind you to a performance contract. Services can be almost anything that is done by an individual or a group, for example. B lawn mower or moving a friend.