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9 S.U. L. Rev. 81 (1982-1983)
Silence as Acceptance

handle is hein.journals/soulr9 and id is 87 raw text is: SILENCE AS ACCEPTANCE W. JACK GROSSE* Silence is a species of conduct and constitutes an implied representation of the existence of facts in question; estoppel therefrom is accordingly a species of estoppel by misrepresen- tation.' It is a recognized rule of law that silence alone does not constitute an acceptance of an offer.2 Frequently it is stated in another way, silence and inaction by an offeree do not constitute an acceptance of an offer but rather imply re- jection after a lapse of a reasonable time.'3 The question in all cases involving silence and action or inaction concerns the matter of the acceptance of an offer. Generally, acceptance may be communicated by any means sufficient to manifest as- sent. Of necessity, the law has long recognized the efficacy of non-verbal communication. From the formation of contracts by an offeree's silence, nod, hand signal, mark, and conduct, the law has legally recognized that to give effect to the full range of human conduct, cognizance must be taken of commu- nications other than by words or symbols for words.4 Thus, manifestation of acceptance may include signature, silence or conduct.' Of course, an acceptance may be communicated by voice communication and this form along with a signature and a writing constitutes a classification of acceptances (and con- tracts) called express. * GROSSE, W. JACK, Prof. Northern Kentucky University, Salmon P. Chase College of Law. b. 1923, B.S.C., 1952, Chase College; M.B.A., 1954, Xavier Univ.; J.D., 1962, S.P. Chase; LL.M., 1959, Case Western Res.; LL.D., 1972, No. Ky. S.C.-Chase. Admitted OH, 1962; KY, 1972. Prof., Chase College of Bus. Admin.; Prof., Clarkson Coll.; Prof., Xavier Univ.; Prof. and Dean, No. Ky. S.C.-Chase; Prof. Subjects: Agency; Conflict of Laws; Constitutional Law; Consumer Law, (S): Contracts; Juris- prudence, (S); Legal History; School Law, (S). The Underwriters List (Ed.), 1964-79; Government Contract Law, 1969-70; Handbook of School Law, 1980-81. Member: Am. Judicature Soc.; Am. Soc. for Legal Hist.; Int'l Law Soc. Fellow, OH Bar Fdn.; Trus- tee, Legal Aid Soc. of Cincinnati; Dir., Pro Seniors, Inc. 1. Carmine v. Bowen, 104 Md. 198, 64 A. 932 (1906). 2. Bowley v. Fuller, 121 Me. 22, 115 A. 466 (1921). 3. See, e.g., Local Union No. 529 United Bros. of Carpenters & Joiners v. Bracy Dev. Co., 321 F. Supp. 869 (W.D. Ark. 1971). 4. Aetna Casuality & Sur. Co. v. Berry, 350 F.2d 49, 54 (5th Cir. 1965). 5. Southern Bell Tel. Co., 30 N.C. App. 590, 227 S.E. 2d 645 (1976). 6. Contracts can be categorized in the following ways: Real Contracts, express,

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