Felthouse v Bindley (1862) established that silence cannot constitute acceptance in contract law. When an uncle assumed his nephew’s silence confirmed a sale, the court ruled otherwise, specifying clear communication for agreement, a necessity of mutual consent.
Silence as Acceptance: In contract law, silence does not constitute acceptance. In this case, Felthouse’s belief that "if I hear no more, I consider the horse mine" was insufficient. Acceptance must be communicated explicitly to bind parties in an agreement.
