The topic of this podcast by Professor Jennifer S. Martin is when silence itself can be acceptance of an offer. Acceptance is simply the name given to an offeree’s action in making the offeror’s promise enforceable. This podcast looks at the exceptional cases where notification of the intention to accept an offer is accomplished by silence.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain that silence is almost never acceptance and that the presumption is against silence is being acceptance.
2. Identify and apply the exceptions to this rule whereby silence can be acceptance:
A. The offeree takes a benefit with the reasonable opportunity to reject it and an expectation of compensation.
B. Where there is prior conduct indicating an offeree should be bound by silence.
C. Where the offeror indicates silence can be acceptance and the offeree intends to accept.
D. Where there is an exercise of dominion by the offeree of the offeror’s property.
A transcript of this podcast is here.
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