2023년 2월 8일 수요일

Can you accept an offer by silence given previous course of dealing that suggest that it is a valid acceptance under English law?

Yes, under English law, an offeree can sometimes accept an offer by silence given a previous course of dealing that suggests that it is a valid acceptance. This principle is based on the idea that parties can enter into a binding agreement through their conduct, even if they do not make an express agreement. In cases where there is a previous course of dealing between the parties that suggests that silence can be considered acceptance, a court may find that a contract has been formed based on the parties´ conduct, including the offeree´s silence. This principle is particularly applicable in cases where the offeror has reason to believe that the offeree´s silence indicates agreement, and the offeror has acted on that belief by relying on the offeree´s silence as acceptance. However, the enforceability of a contract based on a previous course of dealing will depend on the specific circumstances of each case, including the reasonable expectations of the parties and the context in which the offer was made.

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