2023년 2월 8일 수요일

Generally speaking, can an offeree accept an offer by silence under English law?

Under English law, an offeree can sometimes accept an offer through silence. This principle is known as the "doctrine of acquiescence" or "acceptance by conduct". This doctrine holds that an offeree´s silence can be considered acceptance of an offer if the offeror had reason to believe that the offeree´s silence indicated agreement, and the offeror has acted on that belief by relying on the offeree´s silence as acceptance. In such cases, a court may find that a contract has been formed by the parties´ conduct, even though no express acceptance was made. However, the doctrine of acquiescence is not applicable in all cases, and the enforceability of a contract based on silence 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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