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The offeree cannot be forced to speak or act under penalty of having inaction treated as an acceptance unless a duty to speak exists, or prior conduct of the party's silence creates a duty to speak, or a conversion of the goods in question occurs. A prior course of dealing between parties may render silence an acceptance because it creates a duty to speak. See Hobbs v. Massasoit Whip Co. 158 Mass. 194, 33 N.E. 495 (1893)

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