判决理由
Silence cannot constitute acceptance of an offer. An offeror cannot impose acceptance by stating that silence will be deemed consent.
事实
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.
判决摘要
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.
关键引述
"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
后续处理
Fundamental authority that silence does not constitute acceptance. Now reinforced by the Consumer Protection (Distance Selling) Regulations preventing inertia selling.