Document Type


Citation Information

Please cite to the original publication


It has been held the offeree's silence may be the equivalent of an affirmative act of acceptance of an offer so as to make a binding contract. Obviously such cases will be comparatively rare since the offeror cannot be permitted to compel the offeree to take action to avoid being bound by a contract unless the offeree's previous actions or the circumstances of the parties justify. But may there not be a breach of duty for which the offeror may recover damages. where silence results from the failure of the offeree's agent to report to his principal the offer he has solicited?

Date of Authorship for this Version



Failure to Transmit an Offer as a Tort, 29 Yale Law Journal 673 (1920)

Included in

Law Commons