Really enjoying your series. Thanks. You have a really nice voice to listen to! Here's a question though - a contract exists between A and B. A claims B has breached the contract and A sends B an offer - make good on your contractual obligation or we will terminate. A inserts a clause in the offer stating that if no response is received - a notice of termination will be sent out. A also states that no response will be taken as B's agreement to a list of statements. No response is received. Termination notice is sent out and A now presumes B to be in agreement. Will this tacit agreement stand? A was clear that failure to make good on the original obligations and failure to respond would be agreement? Would B's silence and also their failure to act on what was originally agreed on give weight to the claim A now makes that B is in agreement to the terms expressed?
If you have any questions, let us know in the comments below!
Really enjoying your series. Thanks. You have a really nice voice to listen to! Here's a question though - a contract exists between A and B. A claims B has breached the contract and A sends B an offer - make good on your contractual obligation or we will terminate. A inserts a clause in the offer stating that if no response is received - a notice of termination will be sent out.
A also states that no response will be taken as B's agreement to a list of statements.
No response is received. Termination notice is sent out and A now presumes B to be in agreement.
Will this tacit agreement stand?
A was clear that failure to make good on the original obligations and failure to respond would be agreement?
Would B's silence and also their failure to act on what was originally agreed on give weight to the claim A now makes that B is in agreement to the terms expressed?
What if we write in the offer that the acceptance of the offer means that the contract will be signed under the legislation and jurisdiction of UK?
Doesn’t this conflict with the postal rule ?