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See also Acceptance (failure to act). See also Qui tacet consentire videtur. The general rule is that silence does not give rise to acceptance of an offer. However, if the reasonable import of the circumstances of the dealings between the parties creates a reasonable expectation of acceptance in the offerer, silence can act as an acceptance. Usually found in situations where there has been a prior course of dealing between the parties. If product is shipped without prior approval and received, keeping the product and using it without objection is strong evidence of acceptance by silence. The knowing acceptance of benefits without comment can act as acceptance by silence. 


 'Acceptance by silence is exceptional.' Restatement (Second) of Contracts § 69 comment a. See McGurn v. Bell Microproducts, Inc., 284 F.3d at 90 ('As a general rule, silence in response to an offer to enter into a contract does not constitute an acceptance of the offer'). 


Silence in the face of an offer is not an acceptance, unless there is a relationship between the parties or a previous course of dealing pursuant to which silence would be understood as acceptance. (See Wold v. ...

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