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LSDefine

Simple English definitions for legal terms

acceptance by silence

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A quick definition of acceptance by silence:

Acceptance by silence is when someone accepts an offer without saying anything. This can only happen if the person who made the offer expects a response and it is reasonable to assume that the lack of response means acceptance. However, usually, silence does not count as acceptance. There are also other types of acceptance, such as qualified acceptance, which changes the terms of the offer, and trade acceptance, which is a bill of exchange for a specific purchase.

A more thorough explanation:

Acceptance by silence is when an offer is accepted without explicitly saying "yes." This can happen when the relationship between the offeror and offeree justifies the offeror's expectation of a reply and the offeror's reasonable conclusion that the lack of one signals acceptance.

For example, if a company sends a contract to a vendor and the vendor does not respond but begins to perform the services outlined in the contract, this can be considered acceptance by silence.

It's important to note that silence does not usually give rise to acceptance of an offer. However, in certain circumstances, it can be interpreted as such.

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