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Felthouse v Bindley [1862] EWHC CP J35, is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one's offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance".
Silence does not per-se amounts to communication- Bank of India Ltd. Vs. Rustom Cowasjee- AIR 1955 Bom. 419 at P. 430; 57 Bom. L.R. 850- Mere silence cannot amount to any assent. It does not even amount to any representation on which any plea of estoppel may be found, unless there is a duty to make some statement or to do some act free and ...
Estoppel by silence or acquiescence: Estoppel that prevents a person from asserting something when he had the right and opportunity to do so earlier, and such silence put another person at a disadvantage. Laches: Estoppel after a litigant deliberately and avoidably delays an action so as to disadvantage an adversary.
Silence lets us recharge and discover the clarity that modern life so often obscures. The next time you find yourself reaching for your phone, resist the urge. Allow yourself to sit in silence ...
As acceptance must be communicated, the offeror cannot include an Acceptance by Silence clause. This was affirmed in Felthouse v Bindley, [36] here an uncle made an offer to buy his nephew's horse, saying that if he did not hear anything else he would "consider the horse mine". This did not stand up in court, and it was decided there could not ...
During a hearing on civil lawsuits stemming from the Capitol attack, Donald Trump’s lawyers claimed sweeping immunity for the former president.
Abbey Life Assurance Co. Ltd. [3] [1979] 2 Lloyd's Rep. 334 the Court of Appeal held that a failure by a proposed insured to reject a proffered insurance policy for seven months justified on its own an inference of acceptance: see also Treitel, The Law of Contract, 9th ed. (1995), pp. 30-32. Similarly, in the different field of repudiation, a ...
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