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Offeree silence and contractual agreement.

Research output: Contribution to journalJournal article

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Offeree silence and contractual agreement. / Austen-Baker, Richard.

In: Common Law World Review, Vol. 35, No. 4, 2006, p. 247-267.

Research output: Contribution to journalJournal article

Harvard

Austen-Baker, R 2006, 'Offeree silence and contractual agreement.', Common Law World Review, vol. 35, no. 4, pp. 247-267.

APA

Austen-Baker, R. (2006). Offeree silence and contractual agreement. Common Law World Review, 35(4), 247-267.

Vancouver

Austen-Baker R. Offeree silence and contractual agreement. Common Law World Review. 2006;35(4):247-267.

Author

Austen-Baker, Richard. / Offeree silence and contractual agreement. In: Common Law World Review. 2006 ; Vol. 35, No. 4. pp. 247-267.

Bibtex

@article{cb7fb6c3218048afb1e751f73146e3ff,
title = "Offeree silence and contractual agreement.",
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.",
keywords = "Contracts, Offer and acceptance, Silence",
author = "Richard Austen-Baker",
year = "2006",
language = "English",
volume = "35",
pages = "247--267",
journal = "Common Law World Review",
issn = "1473-7795",
number = "4",

}

RIS

TY - JOUR

T1 - Offeree silence and contractual agreement.

AU - Austen-Baker, Richard

PY - 2006

Y1 - 2006

N2 - 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.

AB - 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.

KW - Contracts

KW - Offer and acceptance

KW - Silence

M3 - Journal article

VL - 35

SP - 247

EP - 267

JO - Common Law World Review

JF - Common Law World Review

SN - 1473-7795

IS - 4

ER -