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As a general rule, silence or inaction cannot constitute acceptance of an offer. E.A.U., Inc. v. R. Webbe Corp., 794 S.W.2d 679, 686 (Mo. App. E.D. 1990); Bestor v. Am. Nat'l. Stores, Inc., 691 S.W.2d 384, 388 (Mo. App. E.D. 1985). Absent a duty to speak, silence may not be translated into acceptance merely because the offeror attaches that effect to it. Bestor, 691 S.W.2d at 388. Inaction or silence does not evidence any intention of the offeree. Id.


This general rule does have exceptions. Acceptance of an offer or counteroffer does not always have to be  made through explicit spoken or written word. Citibank (South Dakota), N.A. v. Wilson, 160 S.W.3d 810, 813 (Mo. App. W.D. 2005). An offer may be accepted by conduct or failure to act. Id. This rule applies primarily to instances where services are rendered and the party benefited by the services is aware of the terms upon which the services are offered. Id. 'If this party receives the benefit of the services in silence, when there was a reasonable opportunity to reject them, this party is manifesting assent to the terms proposed and thus accepts ...

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