Acceptance by silence or agreement by silence is a notion that asserts that a party's silence or refusal to reply to an offer might be construed as acceptance of the offer. According to this theory, if one party makes an offer and the other side does not reply or take any action, the offer is believed to be accepted.
Silence as acceptance refers to the concept of accepting a contract by not answering; however, whether or not this principle applies depends on the jurisdiction and the precise circumstances of the deal.
The offer must be concise and specific: Silence must be regarded acceptance if the offer is explicit and not subject to interpretation. The offeree must be aware of the offer: For silence to be deemed acceptance, the offeree must be informed of the offer and its conditions.
Silence itself does not generally imply consent, but in the context of a history of transacting, silence in the face of continued actions by the ot...31
There's a pithy answer to this question in Silence as Acceptance in the Formation of Contracts (1920) 33(4) Harvard Law Review 595–598: In the...8
When does silence imply consent? The Restatement (Second) of Contracts at §69(1) lists the only three scenarios where " silence and inaction op...5
In my field (civil site design engineering), we often have a lot of moving targets where the scope of work deviates either slightly or substantiall...3
Back when I was in the US Air Force, training as a Combat Medic, we had to know Emergency Medicine to a degree, NREMT Registry, as well as Nursing....2
Offers must be accepted to form a contract Or vary a contract. Or form a new contract that replaces an existing contract. Or etc. Acceptance may be...
If the email was replied to, actual knowledge of the assertion on the arrangement will hardly be found, but clear and convincing to be taken as a f...
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When someone makes you an offer and you do not respond to it, you normally will not be bound to a contract. Your silence is generally not considered an acceptance if you do not truly intend to accept. This is generally true even if the person making the offer specifically says that your silence is considered an acceptance.
The general rule is that
silence cannot amount to acceptance. The rationale behind this is based on the idea that acceptance must take some form of objective manifestation of the intention of the offeree (i.e. the party to which an offer has been made) to accept the terms of the contract.The general rule is that
silence does not constitute acceptance. See McGlone v. Lacey, 288 F.Supp 662 (D.S.D. 1968). However, there are four major exceptions to this general rule. First, silence will constitute acceptance if the offeree gives the offeror the impression that silence will be considered an acceptance.
