Summary
Summary Silence as acceptance
- Course
- Institution
Silence as acceptance mind map, this helped me achieve a high 2:1.
[Show more]
Seller
Follow
malaga989
Reviews received
Content preview
And uncles letter did notrender the nephew's failure
to rely unequivocal since
failure to reply is common
Mere coincidence human weakness
of intention was
not enough (see:
Facts: D, auctioneer, was Cheshire, Fifoot
instructed to sell stock of John and Firmston) Silence is usually
Felthouse, J's uncle interested equivocal (uncertain/
in buying horse. Uncle wrote to ambiguous) to consent
J saying 'I will pay this price, if I
hear nothing more from you I Held: uncle had no
will consider him mine'. J did property in the horse,
not reply. J instructed D to silence on J's part could
remove horse from auction, not amount to an 1) If there has been a course
horse accidentally sold acceptance of uncle's offer of dealing whereby the offeree
Facts: Taxpayer in negotiations with
has taken benefit of the
Revenue over tax. In Aug 1991, made
services offered - offers
an offer to Revenue to pay future
silence (or conduct) can
amounts in instalments commencing
constitute acceptance
Feb 92. Tax collector indicated he
would seek aproval and inform
taxpayer if unnacceptable. No further Felthouse v Bindley
communication unil Oct 91 when
payment was demanded in full
2) If it is the offeree who is
attempting to hold the offeror
Exceptions to the silence
Re Selectmove Silence as acceptance rule in bilateral contracts
to the offeror's stipulation,
then silence will constitute
acceptance
Held: Taxpayer argued
binding contract, and E.g. it would be a
revenue accepted proposal Taylor v Allen 3) If it was the offeree rather different result if
about installments. However than the offeror who in F&B the uncle
CA rejected this argument suggested the silence, then tried to deny the
offer's silence would contract
constitute acceptance
They rejected this on the Held: Offeree did not accept an
Facts: The claimant took his
basis that tax collector had offer by an insurance company to
car out for a drive, claiming
no authority to commit provide car insurance merely by
he was covered by an
Revenue to suggested taking on the road - where there
insurance company’s
contract. Silence does not was evidence that the offeree
temporary cover notice.
amount to consent intended to take out insurance
with another company
However, they accepted
Could driving the car
position may be different
constitute acceptance But had that evidence had Acceptance inferred from
where offeree does posess
of the notice of 15 not been available, taking conduct (silence) can only
necessary authority to
days of cover? the car on the road would have effect if the offer
contract
have amounted to performed the act in
acceptance (obiter) question with the intention of
a accepting the offer
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller malaga989. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $0.00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now