Contracts and Sales Multistate Bar Practice Exam

When might silence be interpreted as acceptance?

1. When it has not been explicitly communicated

2. When services were rendered with the expectation of compensation

3. When the offeree merely dislikes the offer

4. When the offeror fails to follow up

The correct answer is: When services were rendered with the expectation of compensation

Silence can be interpreted as acceptance in situations where services are rendered with the expectation of compensation. In certain circumstances, especially in a pre-existing business relationship, if one party provides services that benefit another party, the act of rendered services may imply acceptance of an offer, even if the offeree does not explicitly communicate that acceptance. This principle often applies when there is a mutual understanding or a customary practice within a particular industry, indicating that acceptance can be inferred from the actions taken rather than from explicit verbal or written communication. In this context, if one party provides a service and the other party is aware that they benefit from it, the law may deem that the benefiting party has accepted the offer of service, thus obligating them to compensate the provider. This understanding relies on the notion of implied consent through actions rather than requiring overt affirmation.