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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".
Apply the rule of silence and consensus only when a weak consensus would suffice. Silence and consensus does not apply when a mandatory discussion is required. When real people are affected by a decision, such as blocking users, or using material covered by the biographies of living persons policy, positive confirmation is preferred. Even in ...
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 ...
A silence procedure, tacit consent [1] or tacit acceptance procedure [2] (French: procédure d'approbation tacite; Latin: qui tacet consentire videtur, "he who is silent is taken to agree", "silence implies/means consent") is a way of formally adopting texts, often, but not exclusively, in an international political context.
Statements of intention do not constitute misrepresentations should they fail to come to fruition, since the time the statements were made they can not be deemed either true or false. However, an action can be brought if the intention never actually existed, as in Edgington v Fitzmaurice .
Turns out the details Jada Pinkett Smith disclosed about her personal life in her upcoming memoir Worthy, including her quiet seven-year separation from husband Will Smith, surprised even Smith ...
An offeree exercises the power of acceptance in order to trigger the offeror's obligation of performance with reference to the terms of the offer. Disputes may arise as to whether the power of acceptance is valid at the time the acceptance is made, therefore challenging the very existence of the contract. [2]
Chris Rock is speaking out for the first time about getting slapped by Will Smith live during Sunday’s Oscar ceremony. At a sold-out standup show in Boston Wednesday night, Rock — following a ...