Why is silence in general not 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..
When can silence count as acceptance of an offer?
1924) Silence amounts to acceptance if the offeror communicates the same to the offeree and he offeree accepts that premise. Silence will amount to acceptance if, upon receiving the goods, the offeree starts acting in a manner to suggest that the offer has been accepted.
Does silence mean consent?
SILENCE. The state of a person who does not speak, or of one who refrains from speaking. … Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent.
Is Silence acceptance in contract law UK?
Acceptance usually cannot be silent. … The courts in England did not think that silence could show that there was mutual agreement, and so decided that a contract only exists if there was some affirmative acceptance from the party receiving an offer.
What is the acceptance of silence?
Felthouse v Bindley (1862) EWHC CP J 35, is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one’s offer. This is sometimes misleadingly expressed as a rule that “silence cannot amount to acceptance”.
Who said silence implies consent?
Not so, Master Secretary. The maxim is “Qui tacet consentiret”: the maxim of the law is “Silence gives consent”. If therefore you wish to construe what my silence betokened, you must construe that I consented, not that I denied.