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First Principles of Business Law |
| Making a contract |
| 4. The third essential element of formation: Sufficient agreement |
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4.14. Silence as 'acceptance' |
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Read the facts and the question and then choose the best answer. A writes to B saying: "I've decided to sell the Stubbs painting you have always said you wanted to buy. I want $50,000 for it. Unless you tell me before the weekend that you are not interested I'll consider it sold to you at that price." B, who does not want the painting, does nothing. Has B validly accepted A's offer? |
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(a) Yes, silence is a form of conduct that may amount to an acceptance of an offer. (b) No, silence will not be construed as acceptance of an offer. |
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