Silence Is An Agreement

Acceptance generally cannot remain silent. This rule dates back to England when a person wrote to a horse dealer that if he did not listen to the horse dealer, he would expect the horse to make his horse. The English courts did not believe that silence could show that there was mutual agreement and therefore decided that a contract would only exist if there was a positive agreement from the party receiving an offer. The general rule of the contract is that the bidder`s silence does not communicate when the bidder`s offer is accepted. However, there are exceptions to this general rule that include: Silence on offer – Non-response to an offer is not accepted in most cases. This also applies when the offer says that silence is considered an acceptance. There are exceptions to this rule, however. If the relationship between the parties is such that the bidder is not expected to respond, the bidder`s silence may constitute acceptance. Another exception would be if the bidder easily understands that silence or failure to respond implies acceptance of the offer. This usually only happens in situations where the supplier and supplier have a history of previous transactions.

Finally, with respect to contracts between distributors under the UCC, acceptance of an offer may constitute acceptance. In some cases, a merchant is required to expressly refuse the goods delivered; Otherwise, their silence is the acceptance of the treaty. 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, silence is the assumption that the bidder informed the bidder that silence would be accepted. For example, if the party that is silent has an effect on the agreement, silence is treated as an assumption.

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. More broadly, silence can mean the acceptance of concepts in relationships where silence has been interpreted as such in the past. In addition, affirmative acts (such as the implementation of the terms of the offer) can also be interpreted as acceptance, whether something has been communicated orally or not. Third, silence is the assumption that a bidder unlawfully exercised control of the goods sent to it for approval or control. In this case, the bidder is contractually obliged to purchase the goods at the specified price. The bidder will be obliged to purchase the goods, even if they never intended to buy it. For example, suppose you own a restaurant that makes pork sealing a celebrated dish.


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