Which of the following is false? An acceptance:a)Must be communicated....
False Statement: An acceptance may be presumed from silence of offeree.
Explanation:
An acceptance is a crucial element in the formation of a contract. It is the expression of assent to the terms of an offer. The general rule is that an acceptance must be communicated to the offeror. Silence or inaction cannot be considered as an acceptance.
Reasons why silence cannot be considered as acceptance:
1. Lack of Mutual Agreement: For a contract to be formed, there must be a mutual agreement between the parties. If one party remains silent, there is no mutual agreement, and therefore no contract.
2. Communication is Essential: Communication is a fundamental element of contract law. Without communication, there can be no offer or acceptance. Silence does not constitute communication, and therefore cannot be considered as acceptance.
3. Unreliable Indicator of Intention: Silence is an unreliable indicator of intention. It is impossible to determine whether someone intends to accept an offer or is simply remaining silent. Therefore, silence cannot be considered as acceptance.
Conclusion:
In conclusion, the false statement is that an acceptance may be presumed from silence of offeree. Silence cannot be considered as acceptance as there must be a clear communication of acceptance to the offeror.
Which of the following is false? An acceptance:a)Must be communicated....
False statement: An acceptance may be presumed from silence of offeree.
Explanation:
An acceptance is a crucial element in the formation of a contract. It is an expression of assent or agreement to the terms of an offer. However, there are certain requirements that must be fulfilled for an acceptance to be valid. These requirements are as follows:
1. Communication: An acceptance must be communicated to the offeror. This means that the offeree must express their agreement to the terms of the offer either in writing, orally or by conduct.
2. Absolute and unconditional: An acceptance must be absolute and unconditional. This means that the offeree must accept all the terms of the offer without any modifications or conditions.
3. Authority: An acceptance must be accepted by a person having the authority to accept. This means that the person accepting the offer must have the legal capacity to enter into a contract.
4. Silence: Contrary to popular belief, silence does not constitute acceptance. An offeror cannot presume acceptance from the silence of the offeree. The offeree must communicate their acceptance to the offeror.
In conclusion, the false statement is that an acceptance may be presumed from silence of the offeree. This is not true as an acceptance must be communicated to the offeror.
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