Arxiv
ELMİ İŞ - 2025
Ali Azer Alakbarli
Baku State Universihhty
ACCEPTANCE BY SILENCE
Key words: contract, contract law, silence, acceptance
Açar sözlər: müqavilə, müqavilə hüququ, susmaq, aksept
Ключевые слова: договор, договорное право, молчание, акцепт
Introduction
Offer and acceptance are two essential elements of a legally binding contract. An offer is the expression of willingness to contract on specified terms, while an acceptance is an unconditional assent to the terms present in the offer. An acceptance typically does not take effect until it is communicated to the offeror. Communication of an acceptance is an almost inevitable requirement. Without this rule, unscrupulous parties might always try to hold people to offers of which they were totally unaware. One particular question that arises concerning the communication of acceptance is whether it is possible to impose contractual liability on an individual, within the terms of the offer, by not requiring them to communicate their acceptance before becoming a party to the contract? Based on the general rule as regards communication of acceptance, the answer to this question must be in the negative.
Baxış: 899