Category: Contract law

When does silence = acceptance of an offer?

Although our general rule is that acceptance requires some sort of overt manifestation that the offeree accepted an offer, sometimes silence is enough  to accept an offer. Remember, the elements of a contract are offer, acceptance, and consideration.  So how can an offeree accept an offer through silence? As discussed in the video above, if the offeree knows the terms of the offer, has an opportunity to reject the offer, but instead remains silent and accept the benefit of the offer, a court is likely to conclude that the offeree accepted the offer. The Restatement (Second) of Contracts Section...

Read More

What is the difference between a promisor and promisee?

A promisor is someone who makes a promise to a promisee. Contract law teaches us whether the promisor is legally obligated to keep his promise. For example, if Mr. A promises to pay Mr. B $500 then A is the promisor and B is the promisee.  Contract law informs us whether Mr. A is liable if he breaks his promise. Consider the following example:  Mr. A promises to pay Mr. B $500 and Mr. B says, “Great!  Now I can get that tablet computer I always wanted.”  Is A in legal trouble if he decides not to pay?  Contract...

Read More