LANDMARK CASE

Felthouse v. Bindley

(1862) 11 CB (NS) 869 · Court of Common Pleas (UK) · Contract law

At a glance

Citation: (1862) 11 CB (NS) 869
Court: Court of Common Pleas (UK)
Area of law: Contract law
In one line: No. Acceptance must be communicated, and silence is not acceptance.

1 Facts

An uncle wrote that if he heard nothing, he would consider the horse his.

2 Issue

Can silence amount to acceptance?

3 What the court decided

No. Acceptance must be communicated, and silence is not acceptance.

4 Why it matters

A classic on communication of acceptance.

5 Think about it

Are there situations where silence can be acceptance?

6 Analyse it yourself

Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.

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