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Message: <blockquote data-quote="bmcdaniel" data-source="post: 8886841" data-attributes="member: 1772">Concur. Silence/inaction is a fact pattern that comes up frequently enough that there is both caselaw and statutory enactments that address it. Under the common law of contracts silence or failure to act usually cannot be grounds for acceptance of an offer. E.g. "Failure to respond to this communication by December 31 constitutes acceptance" will generally not work. However, there are some cases to the contrary that allow acceptance to be implied from inaction, particularly if there is a history of dealings between the parties. Furthermore there are some areas of law that indicate silence may be acceptance. For example, under the Uniform Commercial Code (i.e. the law that governs relationships between commercial merchants that deal in goods), acceptance may sometimes be inferred from silence.In any event, it all goes to show that acceptance of an offer may be a highly fact-contingent analysis. But often it is not, e.g. a signed written agreement or an express rejection of an offer leaves little room for other facts.----------------------------------To repeat myself: There are exceptions to everything, including things I've said above. If you want to know all the complexity and nuance, don't look in a forum post. Moreover, even if the advice correctly applies to your situation, there may be consequences that apply to you that are not explored. The fact that I don't know what exceptions, complexity, nuance and consequences are applicable to your specific situation is one reason (among many) that this is not legal advice. So, I'll say what you hear so many lawyers say. This is not legal advice. I am not your lawyer. You can rely on my legal advice only when we have discussed your specific situation and you have entered into an engagement letter with me or my law firm, and have agreed to pay me or my law firm for the provision of legal advice.</blockquote>

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