Ratio Decidendi
Silence cannot constitute acceptance of an offer. An offeror cannot impose acceptance by stating that silence will be deemed consent.
ਤੱਥ
Paul Felthouse wanted to buy a horse from his nephew. He wrote: 'If I hear no more about him, I consider the horse mine at £30 15s.' The nephew did not reply but told the auctioneer Bindley not to sell the horse. Bindley accidentally sold it. Felthouse sued Bindley in conversion.
ਫੈਸਲੇ ਦਾ ਸਾਰ
The court held that there was no binding contract between Felthouse and his nephew. The nephew had not communicated acceptance, and the uncle could not impose a contract by declaring that silence would amount to acceptance. Without a valid contract, Felthouse could not sue Bindley.
ਮੁੱਖ ਹਵਾਲੇ
"It is clear that the uncle had no right to impose upon the nephew a sale of his horse for £30 15s. unless he chose to comply with the condition of writing to repudiate the offer."
— Willes J
ਬਾਅਦ ਦਾ ਇਲਾਜ
Fundamental authority that silence does not constitute acceptance. Now reinforced by the Consumer Protection (Distance Selling) Regulations preventing inertia selling.