P thought he had bought horse for X. Nephew said that he had sold horse for Y. N wrote to P saying I will sell it for Y and nothing less. P writes to nrephew saying he will split the difference between X and Y and if he hears nothing the more the horse is his. N never replied – so it was an open offer. Later N was having a livestock sale he told D not to sell horse cause it was already sold. D sold horse. P is suing for conversion of horse
Can silence be considered an acceptance? Does failure to reject an offer constitute an acceptance? Can you impose an obligation on another party to say something in order to avoid acceptance.
Silence is not acceptance – must communicate acceptance. A party must make a positive act to constitute acceptance. Cant impose an obligation on another party to accept or refuse
By N indicating to D not to sell the horse, it shows he intended to sell horse to P, but he had done nothing to bind himself
P cant recover – had been no acceptance