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0 tracked cards Contracts

For five years, a coffee roaster sent a cafe a monthly email offering 100 pounds of beans at the current posted price, and the cafe accepted by remaining silent; the roaster would then ship and the cafe would pay. This month, the roaster sent the same email. The cafe remained silent, received the beans, and refused to pay, arguing that silence can never accept an offer.
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Silence can operate as acceptance when, because of prior dealings or other circumstances, the offeree has reason to understand that silence or inaction will manifest assent. Silence accepts only if the offeror subjectively believes the offeree accepted. Silence accepts only if the offeree is a merchant and the contract is for services. Silence accepts only contracts for land.

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