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A supplier says 'If we don't hear from you in 14 days, we'll assume you accept.' No response comes. Has a binding agreement formed?
Discussion in 'Consent by Silence' started by John, 24 Aug 2026.
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What's your take on this — what experience or question can you share?
Scenario: A supplier sends a letter to an existing customer stating: 'We are updating our terms. If we do not hear from you within 14 days, we will assume you accept the new terms.' The customer does not respond within the 14-day period.
Question: Has a binding agreement been formed by the customer's silence? Can silence ever amount to acceptance, and under what circumstances? Does the existing relationship between the parties affect the analysis? What principles would you examine before advising the customer?
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