Let`s say you own a restaurant that prepares a celebrated pork belly dish. You make a good relationship with your local pig, you agree on a delivery plan and a price, and this continues for years. In a year, unfortunately, your supplier`s herd will get sick, and the price of pork belly will go up. Your supplier sends you a letter that reflects the new price and you do not respond in any way. At this point, you should probably expect your pork belly deliveries to continue as usual, as your silence could be understood in such a way that you want to continue with the business deal. The court decided that Felthouse did not own the horse, as there was no acceptance of the contract. Acceptance must be clearly communicated and cannot be imposed because of the silence of one of the parties. The uncle was not allowed to impose a sale by silence, the contract having failed only by refusal. Although the nephew expressed interest in closing the sale, this intention was only realized after the sale of the horse at the February 25 auction. The nephew`s letter of 27 February, presented as evidence by Felthouse, was judged as the first instance of communication in which acceptance was notified to the supplier (Felthouse). And by this time, the horse was already sold.
As a result, Felthouse was not interested in the property. The person who is to be affected by silence should not be disqualified from acting as a non-compound, infant or otherwise, because even the explicit promise of such a person would not engage him in the performance of a contract. Generally speaking, silence is not an acceptance. See McGlone v. Lacey, 288 F.Supp 662 (D.S.D. 1968). There are, however, four major exceptions to this general rule. Yes. Your silence does not usually bind you to a contract for the provision of services. Services can be almost anything that is performed by an individual or group, for example.
B mow or help a friend move. First, silence is a hypothesis if the tenderer gives the tenderer the impression that silence is considered a hypothesis. See National Union Fire Insurance Co. v. Honestly, 122 Misc. 682 (N.Y. App. Div.
1924). For example, to consider silence on an offer as acceptance of a contract, there must be the following: if an oral agreement – perhaps interrupted by a simple handshake – can constitute a legally binding treaty, what about silence after an offer? Below we look at the legal nuances of this issue. .