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The sound of silence, and the "Duty to speak" peril |
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by
LawDotNews
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Published
2009/09/03 12:00:00 AM
(Viewed
661
times) |
Can you be forced into a contract by someone making you an offer and telling you that you will taken to have accepted it if you remain silent? Generally not – our law requires active acceptance before a binding agreement is formed. But there is an important exception to this rule, and it was neatly summed up in a recent High Court case as follows:
“Silence may amount to acceptance of an offer in circumstances which give rise to a “duty to speak” if the offeree is not prepared to accept the offer. This means that the offeree who remains silent on receiving an offer, does so at his peril.”
In the case in question, a firm of engineers proposed an increase in fees to its clients, and the Court found, on the particular facts, that a relationship existed between the parties that gave rise to a duty on the clients to reject the proposal if it disagreed. As they had remained silent, the engineers were awarded their increased charges.
So whether the “Sound of Silence” is “Yes” or “No” boils down to whether or not you have a “duty to speak”. That may not be easy to decide - so don’t take a chance. If you receive any offer, proposal or notification that you don’t agree to, say so - clearly, and in writing!
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