Inez, wishing to sell a used business law book, calls janice and tells her that if she does not hear from her within twenty-four hours

Question

Melissa Wang

Business

20 November, 13:54

Inez, wishing to sell a used business law book, calls janice and tells her that if she does not hear from her within twenty-four hours

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Answers (2)

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Haiden Conrad · Answer 1

There's no contract because there's no Agreement between either of the parties, an Agreement is divided into Offer and Acceptance

There was no acceptance and silence doesn't amount into acceptance according to the decision of Felthouse Vs Bindley.

For there to be a contract an offer must have been made which must be clear, definite and unequivocal and a clear statement of assent to the terms of the contract must have been made.

Jordan Jacobs · Answer 2

A) there is no contract because in this situation silence cannot be used to form a contract.

Explanation:

Inez made an offer to Janice, and in order for an offer to be binding, it must be accepted by the other party (or parties). Only once the other party expressly accepts the offer, can a contract be formed. In this case, Janice did not accept Inez's offer, and an offer cannot force someone to do something. Both parties engaging in a contract must do so willingly and freely, if not, the contract is invalid due to duress.

If silence or the other party not responding could be considered acceptance, then anyone could send an email to Google and offer their professional services as CEO with a $100 million salary unless my offer is rejected in 5 minutes.