12,000

We have over 12,000 students, from over 100 countries, within one of the safest campuses in the UK

93%

93% of Lancaster students go into work or further study within six months of graduating

Home > Research > Publications & Outputs > Offeree silence and contractual agreement.
View graph of relations

« Back

Offeree silence and contractual agreement.

Research output: Contribution to journalJournal article

Published

Associated organisational unit

Journal publication date2006
JournalCommon Law World Review
Journal number4
Volume35
Number of pages21
Pages247-267
Original languageEnglish

Abstract

This article considers the mechanics of acceptance in the law of contract, focusing on the question of whether the silence of an offeree can effect acceptance. It finds the rule in Felthouse v Bindley (1862) alive and well, but creating problems for judges anxious to find agreements in place. The article considers whether there is, as sometimes suggested, a ‘duty to speak’ and dismisses this, along with any other supposed exceptions to the rule, concluding that silence cannot effect acceptance, but that conduct can do so unless an offeree ‘speaks’ to contradict inevitable inferences from conduct. The article also argues that acceptance as such is not required for agreement, but rather the communication of apparent acceptance is the required element which, taken together with an offer, forms an agreement.