Effect of Silence on Acceptance

Generally speaking the person to whom the proposal is made need not reply. His silence cannot be regarded as an acceptance of the proposal. Proposal made to another cannot ripen into an agreement merely because the  offeree   makes no reply even through the proposal states that silence will be taken to amount to acceptance. Thus mental acceptance is no acceptance.


Acceptance of a proposal may be sometime be inferred from silence or inaction.
As a rule silence does not imply acceptance, but in the following cases silence may be indicative of assent to the proposal.

1. Where the offeree having responsibility opportunity to reject the offered goods or services takes the benefits of them, it will amount to acceptance.

2. Where because of previous dealings the offeree has given the proposer reason to understand that the silence was intended by the offeree as a manifestation of assent and the offeror does so understand.