Silence as Acceptance

As a generalization, the offerer can never consider silence by the offeree as an acceptance. In some cases the offerer attempts to bring about a situation of this kind by a statement in the offer to the effect that failure to reply will be construed as acceptance of the offeror’s proposal. Usually, the offeree is under no obligation to reply to any business proposal. However, if the offeree requested that goods be shipped on approval, or there is a prior business arrangement or understanding between the parties, silence may be fairly construed as acceptance. These cases are exceptional, however.

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