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Failure to Transmit an Offer as a Tort
Clark, Charles
Clark, Charles
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Abstract
It has been held the offeree's silence may be the equivalent of an affirmative act of acceptance of an offer so as to make a binding contract. Obviously such cases will be comparatively rare since the offeror cannot be permitted to compel the offeree to take action to avoid being bound by a contract unless the offeree's previous actions or the circumstances of the parties justify. But may there not be a breach of duty for which the offeror may recover damages. where silence results from the failure of the offeree's agent to report to his principal the offer he has solicited?